Bill Text: TX SB136 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the creation of the Texas Indian Affairs Commission.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2023-02-15 - Referred to State Affairs [SB136 Detail]
Download: Texas-2023-SB136-Introduced.html
| 88R2837 YDB-D | ||
| By: West | S.B. No. 136 | |
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| relating to the creation of the Texas Indian Affairs Commission. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle E, Title 4, Government Code, is amended | ||
| by adding Chapter 471 to read as follows: | ||
| CHAPTER 471. TEXAS INDIAN AFFAIRS COMMISSION | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 471.001. PURPOSE. The purpose of the Texas Indian | ||
| Affairs Commission is to serve as a liaison between this state and | ||
| the Indian tribes of this state and to assist indigenous | ||
| communities with social and economic development. | ||
| Sec. 471.002. DEFINITION. In this chapter, "commission" | ||
| means the Texas Indian Affairs Commission. | ||
| Sec. 471.003. SUNSET ACT. The Texas Indian Affairs | ||
| Commission is subject to Chapter 325 (Texas Sunset Act). Unless | ||
| continued in existence as provided by that chapter, the commission | ||
| is abolished and this chapter expires September 1, 2035. | ||
| SUBCHAPTER B. COMMISSION | ||
| Sec. 471.051. ESTABLISHMENT. The commission is established | ||
| within the office of the governor. | ||
| Sec. 471.052. COMMISSION MEMBERSHIP. (a) The commission | ||
| is composed of 13 members as follows: | ||
| (1) one member of the house of representatives, | ||
| appointed by the speaker of the house of representatives; | ||
| (2) one member of the senate, appointed by the | ||
| lieutenant governor; | ||
| (3) one public member, appointed by the governor; | ||
| (4) one member of the Urban Inter-Tribal Center of | ||
| Texas, appointed by the governor; and | ||
| (5) subject to Subsection (b), nine members of Native | ||
| American descent who represent federally recognized Indian tribes | ||
| or tribal organizations as listed by the United States secretary of | ||
| the interior in accordance with 25 U.S.C. Section 5131, appointed | ||
| by the governor. | ||
| (b) Of the commission members appointed under Subsection | ||
| (a)(5): | ||
| (1) at least one must be a member of the | ||
| Alabama-Coushatta Tribe of Texas; | ||
| (2) at least one must be a member of the Kickapoo | ||
| Traditional Tribe of Texas; | ||
| (3) at least one must be a member of the Ysleta Del Sur | ||
| Pueblo; and | ||
| (4) the remaining members may represent any of the | ||
| following federally recognized Indian tribes or tribal | ||
| organizations that maintain a connection to this state: | ||
| (A) the Absentee Shawnee Tribe of Oklahoma; | ||
| (B) the Alabama-Quassarte Tribal Town; | ||
| (C) the Apache Tribe of Oklahoma; | ||
| (D) the Caddo Nation; | ||
| (E) the Cherokee Nation; | ||
| (F) the Cheyenne and Arapaho Tribes; | ||
| (G) the Choctaw Nation; | ||
| (H) the Comanche Nation; | ||
| (I) the Coushatta Tribe of Louisiana; | ||
| (J) the Delaware Nation; | ||
| (K) the Jena Band of Choctaw Indians; | ||
| (L) the Jicarilla Apache Nation; | ||
| (M) the Kialegee Tribal Town; | ||
| (N) the Kickapoo Tribe of Oklahoma; | ||
| (O) the Kiowa Tribe of Oklahoma; | ||
| (P) the Mescalero Apache Tribe; | ||
| (Q) the Muscogee or Creek Nation; | ||
| (R) the Osage Nation; | ||
| (S) the Quapaw Tribe; | ||
| (T) the Seminole Nation of Oklahoma; | ||
| (U) the Shawnee Tribe; | ||
| (V) the Thlopthlocco Tribal Town; | ||
| (W) the Tonkawa Tribe; | ||
| (X) the Tunica-Biloxi Tribe; | ||
| (Y) the United Keetoowah Band of Cherokee | ||
| Indians; or | ||
| (Z) the Wichita and Affiliated Tribes. | ||
| (c) The commission member appointed under Subsection (a)(4) | ||
| must be selected from a list of written recommendations submitted | ||
| by the Urban Inter-Tribal Center of Texas. | ||
| (d) The commission members appointed under Subsections | ||
| (b)(1) through (3) must be selected from a list of written | ||
| recommendations submitted by the applicable federally recognized | ||
| Indian tribe. | ||
| (e) The commission members appointed under Subsection | ||
| (b)(4) must be selected from written recommendations submitted by | ||
| the members of the legislature and the presiding officials of the | ||
| federally recognized Indian tribes listed in that subsection. | ||
| (f) Commission members must be residents of this state. | ||
| Sec. 471.053. TERMS; VACANCY. (a) A commission member | ||
| appointed under Section 471.052(a)(1) or (2) serves for the term | ||
| prescribed by the appointing official. Commission members | ||
| appointed under Sections 471.052(a)(3), (4), and (5) serve | ||
| staggered six-year terms with the terms of approximately one-third | ||
| of the members expiring February 1 of each odd-numbered year. | ||
| (b) Commission members are eligible for reappointment to | ||
| another term or part of a term. | ||
| (c) A vacancy shall be filled in the same manner as the | ||
| original appointment. A commission member appointed to fill a | ||
| vacancy on the commission shall serve for the remainder of the term | ||
| for which the predecessor of the member was appointed. | ||
| Sec. 471.054. REIMBURSEMENT FOR EXPENSES. A commission | ||
| member serves without pay but is entitled to reimbursement for the | ||
| travel expenses incurred by the member in attending commission | ||
| meetings as provided by the General Appropriations Act. | ||
| Sec. 471.055. PRESIDING OFFICER; OTHER OFFICERS. (a) The | ||
| lieutenant governor and speaker of the house of representatives | ||
| shall jointly appoint a presiding officer from among the commission | ||
| members. | ||
| (b) The commission members may elect from among the members | ||
| other officers as the members consider necessary. | ||
| Sec. 471.056. REMOVAL. (a) It is a ground for removal from | ||
| the commission that a commission member: | ||
| (1) is ineligible for membership under Section | ||
| 471.052; | ||
| (2) cannot because of illness or disability discharge | ||
| the member's duties for a substantial part of the term for which the | ||
| member is appointed; or | ||
| (3) is absent from more than half of the regularly | ||
| scheduled commission meetings that the member is eligible to attend | ||
| during a calendar year unless the absence is excused by majority | ||
| vote of the commission. | ||
| (b) The validity of an action of the commission is not | ||
| affected by the fact that it is taken when a ground for removal of a | ||
| commission member exists. | ||
| Sec. 471.057. COMMISSION MEETINGS; QUORUM. (a) The | ||
| commission shall meet at least quarterly at the call of the | ||
| presiding officer. | ||
| (b) Seven commission members constitute a quorum for | ||
| transacting commission business. | ||
| Sec. 451.058. EXECUTIVE DIRECTOR; STAFF. (a) The office of | ||
| the governor shall provide one employee to serve as executive | ||
| director for the commission to transact commission business. | ||
| (b) The office of the governor may provide additional staff | ||
| and may support commission functions and activities from money | ||
| available to the office that may be used for that purpose. | ||
| SUBCHAPTER C. DUTIES AND FUNDING | ||
| Sec. 471.101. GENERAL DUTIES. The commission shall: | ||
| (1) annually make recommendations to state agencies | ||
| and university systems in this state on policies and practices to | ||
| improve the lives of the indigenous people of this state; | ||
| (2) not later than December 1 of each even-numbered | ||
| year, make recommendations to the legislature on legislation that | ||
| may improve the lives of the indigenous people of this state; | ||
| (3) assist tribal communities in social and economic | ||
| development, including improving the health, educational, | ||
| agricultural, business, and industrial capacities of the | ||
| communities; | ||
| (4) confer with local, state, and federal agencies to | ||
| encourage and coordinate resources and programs to meet the needs | ||
| of indigenous people in this state; | ||
| (5) promote recognition of the rights of indigenous | ||
| people to pursue cultural and religious traditions; | ||
| (6) study, compile, and disseminate information on any | ||
| aspect of the affairs of indigenous people in this state; and | ||
| (7) assist tribal organizations seeking state | ||
| recognition. | ||
| Sec. 471.102. ADVISORY STATUS. (a) In implementing its | ||
| duties under this chapter, the commission functions only in an | ||
| advisory capacity. Commission membership does not constitute a | ||
| public office. | ||
| (b) Chapter 2110 does not apply to the commission. | ||
| Sec. 471.103. FUNDING. (a) The commission may accept | ||
| gifts, grants, or donations or raise money from any available | ||
| public or private source for the commission to use in performing the | ||
| commission's duties under this chapter. | ||
| (b) The legislature may specifically appropriate money: | ||
| (1) to the office of the governor to provide staff and | ||
| to otherwise support functions and activities of the commission; or | ||
| (2) directly to the commission. | ||
| (c) The commission may participate in the establishment and | ||
| operation of an affiliated nonprofit organization dedicated to | ||
| raising money for or providing services or other benefits to the | ||
| commission. | ||
| Sec. 471.104. TEXAS INDIAN AFFAIRS COMMISSION ACCOUNT. The | ||
| Texas Indian Affairs Commission account is created as an account in | ||
| the general revenue fund. The office of the governor shall | ||
| administer the account. Distributions from the account may be used | ||
| only to further the purposes of this chapter and perform commission | ||
| duties imposed under this chapter. The account is composed of: | ||
| (1) amounts appropriated by the legislature to the | ||
| account; and | ||
| (2) gifts, grants, and other donations received by the | ||
| commission for the account. | ||
| SECTION 2. (a) As soon as practicable after the effective | ||
| date of this Act, the office of the governor shall request written | ||
| recommendations for appointments to the Texas Indian Affairs | ||
| Commission from members of the legislature, the Urban Inter-Tribal | ||
| Center of Texas, and the federally recognized Indian tribes or | ||
| tribal organizations listed in Section 471.052, Government Code, as | ||
| added by this Act. | ||
| (b) Not later than January 1, 2024, the lieutenant governor | ||
| and speaker of the house of representatives shall appoint members | ||
| to the Texas Indian Affairs Commission as provided by Sections | ||
| 471.052(a)(1) and (2), Government Code, as added by this Act, to | ||
| terms prescribed by the appointing official. | ||
| (c) In appointing the initial members of the Texas Indian | ||
| Affairs Commission under Section 471.052, Government Code, as added | ||
| by this Act, the governor shall appoint: | ||
| (1) the member appointed under Section 471.052(a)(3), | ||
| Government Code, as added by this Act, for a term expiring February | ||
| 1, 2027; | ||
| (2) the member appointed under Section 471.052(a)(4), | ||
| Government Code, as added by this Act, for a term expiring February | ||
| 1, 2029; and | ||
| (3) with respect to the members appointed under | ||
| Section 471.052(a)(5), Government Code, as added by this Act: | ||
| (A) three members for terms expiring February 1, | ||
| 2025; | ||
| (B) three members for terms expiring February 1, | ||
| 2027; and | ||
| (C) three members for terms expiring February 1, | ||
| 2029. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
