83R11991 CJC-F
 
  By: M. Gonzalez of El Paso, Nevarez, White H.B. No. 941
 
  Substitute the following for H.B. No. 941:
 
  By:  Oliveira C.S.H.B. No. 941
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to state collaboration with federally recognized Indian
  tribes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the State-Tribal
  Collaboration Act.
         SECTION 2.  Subtitle E, Title 4, Government Code, is amended
  by adding Chapter 471 to read as follows:
  CHAPTER 471.  STATE COLLABORATION WITH INDIAN TRIBES
         Sec. 471.001.  DEFINITIONS.  In this chapter:
               (1)  "American Indian" means an individual who is:
                     (A)  a member of a federally recognized Indian
  tribe; or
                     (B)  eligible for federal services and programs
  provided to American Indians, including services and programs
  provided by the United States Department of Health and Human
  Services and the Bureau of Indian Affairs.
               (2)  "Indian tribe" or "tribe" means a federally
  recognized tribe, band, pueblo, or community of American Indians
  located wholly or partially in this state.
               (3)  "State agency" means an agency, department,
  office, or other entity in the executive, legislative, or judicial
  branch of state government and includes an institution of higher
  education, as defined by Section 61.003, Education Code.
         Sec. 471.002.  COLLABORATION WITH INDIAN TRIBES; AGENCY
  POLICY; REPORT.  (a)  Each state agency shall collaborate with
  Indian tribes when developing and implementing agency policies,
  agreements, and programs that directly affect American Indians.
         (b)  Each state agency whose policies, agreements, and
  programs directly affect American Indians shall:
               (1)  promote effective communication and collaboration
  between the state agency and Indian tribes;
               (2)  promote positive intergovernmental relations
  between the state and Indian tribes;
               (3)  promote cultural competency in effectively
  providing services to American Indians; and
               (4)  annually report to the governor and the
  legislature regarding the agency's actions under this section.
         Sec. 471.003.  TRAINING. (a) Each state agency whose
  policies, agreements, and programs directly affect American
  Indians shall develop, with the assistance of a representative of
  an Indian tribe, a training program that encourages effective
  communication and collaboration between the agency and Indian
  tribes. The training program must include the requirements in
  Sections 471.002(b)(1)-(3).
         (b)  A state agency whose policies, agreements, and programs
  directly affect American Indians may require an employee to attend
  a training program developed under this section.
         Sec. 471.004.  ANNUAL SUMMIT.  Not later than the last day of
  the third quarter of each state fiscal year, the governor or the
  governor's designee and the leaders of Indian tribes shall meet in a
  state-tribal summit to address issues of mutual concern.
         Sec. 471.005.  RIGHT OF ACTION.  Nothing in this chapter
  creates a right of action against a state agency or waives state or
  tribal immunity.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.