By Hill H.B. No. 675
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the validation of governmental acts and proceedings by
1-3 municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 28, Revised Statutes, is amended by adding
1-6 Article 974d-40 to read as follows:
1-7 Art. 974d-40
1-8 Sec. 1. APPLICATION. This Article applies to any
1-9 incorporated city, town, or village operating under general laws or
1-10 under a home-rule charter.
1-11 Sec. 2. ADOPTION OF HOME-RULE CHARTER. (a) All
1-12 governmental acts and proceedings of a municipality covered by this
1-13 Article regarding the adoption of a home-rule charter are validated
1-14 as of the dates on which they occurred.
1-15 (b) All governmental acts and proceedings of the
1-16 municipality since adoption or attempted adoption of the charter
1-17 are validated as of the dates on which they occurred.
1-18 Sec. 3. INCORPORATION PROCEEDINGS. (a) The incorporation
1-19 proceedings of all cities and towns in this state that incorporated
1-20 or attempted to be incorporated under the general laws of the State
1-21 of Texas, whether under the aldermanic or commission form of
1-22 government, and which have functioned or attempted to function as
1-23 incorporated cities or towns since the date of such incorporation
2-1 or attempted incorporation are validated as of the date of such
2-2 incorporation or attempted incorporation. The incorporation of
2-3 such cities and towns shall not be held invalid by reason of the
2-4 fact that the election proceedings or incorporation proceedings may
2-5 not have been in accordance with law.
2-6 (b) All governmental proceedings performed by the governing
2-7 bodies of all such cities and towns and their officers since their
2-8 incorporation or attempted incorporation are validated as of the
2-9 date of such proceedings, including extensions or attempted
2-10 extensions of extraterritorial jurisdiction undertaken at the
2-11 request of owners of territory.
2-12 Sec. 4. ANNEXATION PROCEEDINGS. (a) The governmental acts
2-13 and proceedings of a city or town relating to the annexation or
2-14 attempted annexation of adjacent territory by the city or town
2-15 before December 31, 1992, are validated as of the dates they
2-16 occurred. The acts and proceedings may not be held invalid because
2-17 they were not performed in accordance with the procedural or other
2-18 requirements of Chapters 42 and 43, Local Government Code, or
2-19 another law. The boundaries fixed by the annexation or attempted
2-20 annexation are validated.
2-21 (b) The governmental acts and proceedings of the city or
2-22 town occurring after the annexation may not be held invalid on the
2-23 ground that the annexation, in the absence of this Article, was
2-24 invalid.
2-25 Sec. 5. ANNEXATIONS NOT VALIDATED. This Article does not
3-1 validate governmental acts or proceedings relating to a city's or
3-2 town's annexation or attempted annexation of territory in the
3-3 extraterritorial jurisdiction of another city or town without the
3-4 consent of that city or town in violation of Chapters 42 and 43,
3-5 Local Government Code.
3-6 Sec. 6. ORDINANCE OR REGULATION NOT VALIDATED. This Article
3-7 does not validate any ordinance or regulation of a municipality
3-8 that violates Section 1.06 or 109.57, Alcoholic Beverage Code.
3-9 Sec. 7. EFFECT OF LITIGATION. This Article does not apply
3-10 to any matter that on the effective date of this Article:
3-11 (1) is involved in litigation if the litigation
3-12 ultimately results in the matter being held invalid by a final
3-13 judgment of a court of competent jurisdiction; or
3-14 (2) has been held invalid by a final judgment of a
3-15 court of competent jurisdiction.
3-16 SECTION 2. Title 28, Revised Statutes, is amended by adding
3-17 Article 974d-41 to read as follows:
3-18 Art. 974d-41
3-19 Sec. 1. APPLICATION. This Article applies to any
3-20 municipality having a population of 1.5 million or more.
3-21 Sec. 2. PROCEEDINGS VALIDATED. The governmental acts and
3-22 proceedings of a municipality relating to a bond election that was
3-23 held before December 1, 1991, and at which the ballot proposition
3-24 was approved by more than 60 percent of the voters voting on the
3-25 proposition are validated as of the dates they occurred. The
4-1 validation includes the preparation and wording of the ballot
4-2 proposition, any action taken by the municipality in calling and
4-3 holding the bond election, and any other action taken by the
4-4 municipality before the effective date of this Article in
4-5 connection with the issuance of any bonds approved in the bond
4-6 election. The acts and proceedings may not be held invalid because
4-7 they were not performed in accordance with law. A municipality may
4-8 take any further action or may conduct any further proceeding
4-9 necessary to complete the issuance of the bonds approved at the
4-10 bond election, and, when issued, the bonds are valid and binding
4-11 obligations of the municipality in accordance with the terms of the
4-12 bonds.
4-13 Sec. 3. EFFECT ON LITIGATION. This Article does not apply
4-14 to any matter than on the effective date of this Article has been
4-15 held invalid by a final judgment of a court of competent
4-16 jurisdiction.
4-17 SECTION 3. EMERGENCY. The importance of this legislation
4-18 and the crowded condition of the calendars in both houses create an
4-19 emergency and an imperative public necessity that the
4-20 constitutional rule requiring bills to be read on three several
4-21 days in each house be suspended, and this rule is hereby suspended,
4-22 and that this Act take effect and be in force from and after its
4-23 passage, and it is so enacted.