1-1 By: Pitts (Senate Sponsor - Sibley) H.B. No. 1450
1-2 (In the Senate - Received from the House April 19, 1993;
1-3 April 19, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 5, 1993, reported favorably by the
1-5 following vote: Yeas 8, Nays 0; May 5, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Armbrister x
1-9 Leedom x
1-10 Carriker x
1-11 Henderson x
1-12 Madla x
1-13 Moncrief x
1-14 Patterson x
1-15 Rosson x
1-16 Shapiro x
1-17 Wentworth x
1-18 Whitmire x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the validation of governmental acts and proceedings by
1-22 certain municipalities.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Title 28, Revised Statutes, is amended by adding
1-25 Article 974d-43 to read as follows:
1-26 Art. 974d-43
1-27 Sec. 1. APPLICATION. This article applies to a municipality
1-28 with a population of 18,000 or more, according to the most recent
1-29 federal census, operating under a home-rule charter that:
1-30 (1) is not a member of a regional transportation
1-31 authority;
1-32 (2) is located wholly or partly in a county that
1-33 contains territory within the boundaries of a regional
1-34 transportation authority created under Chapter 683, Acts of the
1-35 66th Legislature, Regular Session, 1979 (Article 1118y, Vernon's
1-36 Texas Civil Statutes), and its subsequent amendments; and
1-37 (3) is located in a county that had fewer than 800
1-38 persons who were residents of both the county and the authority
1-39 under the 1990 federal census.
1-40 Sec. 2. PROCEEDINGS VALIDATED. (a) A municipal sales and
1-41 use tax adopted at an election held before January 18, 1993, that
1-42 had the result of raising the combined rate of all sales and use
1-43 taxes imposed by the municipality and other political subdivisions
1-44 of this state having territory in the municipality to two percent
1-45 or less in the municipality is validated as of the date of the
1-46 election.
1-47 (b) The acts or proceedings performed as authorized by the
1-48 municipality in ordering the election or since the passage of the
1-49 sales and use tax are validated and may not be held invalid because
1-50 they were not performed in accordance with the requirements of
1-51 Chapter 321, Tax Code, and its subsequent amendments, or other law.
1-52 Sec. 3. EFFECT ON LITIGATION. This article does not apply
1-53 to any matter that on the effective date of this article:
1-54 (1) is involved in litigation if the litigation
1-55 ultimately results in the matter being held invalid by a final
1-56 judgment of a court of competent jurisdiction; or
1-57 (2) has been held invalid by a final judgment of a
1-58 court of competent jurisdiction.
1-59 SECTION 2. The importance of this legislation and the
1-60 crowded condition of the calendars in both houses create an
1-61 emergency and an imperative public necessity that the
1-62 constitutional rule requiring bills to be read on three several
1-63 days in each house be suspended, and this rule is hereby suspended,
1-64 and that this Act take effect and be in force from and after its
1-65 passage, and it is so enacted.
1-66 * * * * *
1-67 Austin,
1-68 Texas
2-1 May 5, 1993
2-2 Hon. Bob Bullock
2-3 President of the Senate
2-4 Sir:
2-5 We, your Committee on Intergovernmental Relations to which was
2-6 referred H.B. No. 1450, have had the same under consideration, and
2-7 I am instructed to report it back to the Senate with the
2-8 recommendation that it do pass and be printed.
2-9 Armbrister,
2-10 Chairman
2-11 * * * * *
2-12 WITNESSES
2-13 No witnesses appeared on H.B. No. 1450.