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.