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.