By: Pitts H.B. No. 1450 73R4785 CAG-D 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-43 to read as follows: 1-7 Art. 974d-43 1-8 Sec. 1. APPLICATION. This article applies to a municipality 1-9 operating under a home-rule charter that: 1-10 (1) is not a member of a regional transportation 1-11 authority; 1-12 (2) is located wholly or partly in a county that 1-13 contains territory within the boundaries of a regional 1-14 transportation authority created under Chapter 683, Acts of the 1-15 66th Legislature, Regular Session, 1979 (Article 1118y, Vernon's 1-16 Texas Civil Statutes); and 1-17 (3) is located in a county that had fewer than 800 1-18 persons who were residents of both the county and the authority 1-19 under the 1990 federal census. 1-20 Sec. 2. PROCEEDINGS VALIDATED. (a) A municipal sales and 1-21 use tax adopted at an election held before January 18, 1993, that 1-22 had the result of raising the combined rate of all sales and use 1-23 taxes imposed by the municipality and other political subdivisions 1-24 of this state having territory in the municipality to two percent 2-1 or more in the municipality is validated as of the date of the 2-2 election. 2-3 (b) The acts or proceedings performed as authorized by the 2-4 municipality in ordering the election or since the passage of the 2-5 sales and use tax are validated and may not be held invalid because 2-6 they were not performed in accordance with the requirements of 2-7 Chapter 321, Tax Code, or other law. 2-8 Sec. 3. EFFECT ON LITIGATION. This article does not apply 2-9 to any matter that on the effective date of this article: 2-10 (1) is involved in litigation if the litigation 2-11 ultimately results in the matter being held invalid by a final 2-12 judgment of a court of competent jurisdiction; or 2-13 (2) has been held invalid by a final judgment of a 2-14 court of competent jurisdiction. 2-15 SECTION 2. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended, 2-20 and that this Act take effect and be in force from and after its 2-21 passage, and it is so enacted.