73R3063 CAG-D By McCoulskey, et al. H.B. No. 2083 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the validation of governmental acts and proceedings 1-3 related to certain annexations and certain extensions of 1-4 extraterritorial boundaries by municipalities. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Title 28, Revised Statutes, is amended by adding 1-7 Article 974d-42 to read as follows: 1-8 Art. 974d-42 1-9 Sec. 1. MUNICIPALITY COVERED. This article applies only to 1-10 a municipality operating under the general laws or a home-rule 1-11 charter with a population of 10,000 or less, according to the most 1-12 recent federal census, that has: 1-13 (1) extended or attempted to extend, in response to a 1-14 petition of the owner of land in the area or by the municipality's 1-15 own motion, the corporate limits or the extraterritorial 1-16 jurisdiction of the municipality to encompass an area a part of 1-17 which is within one or more municipal utility districts created 1-18 under Article XVI, Section 59, of the Texas Constitution and 1-19 Chapter 54, Water Code; 1-20 (2) passed an ordinance describing the territory 1-21 annexed or included in the extraterritorial jurisdiction; and 1-22 (3) caused a certified copy of the ordinance to be 1-23 recorded in the deed records of the county in which the 1-24 municipality is located. 2-1 Sec. 2. ANNEXATION PROCEEDINGS. (a) The governmental acts 2-2 and proceedings of a municipality relating to the annexation or 2-3 attempted annexation of territory or the extension or attempted 2-4 extension of the municipality's extraterritorial jurisdiction 2-5 before December 15, 1992, are validated as of the dates they 2-6 occurred. The acts and proceedings may not be held invalid because 2-7 they were not performed in accordance with the requirements of 2-8 Chapters 42 and 43, Local Government Code, or any other law. The 2-9 boundaries fixed by the annexation or attempted annexation or the 2-10 extension or attempted extension of the extraterritorial 2-11 jurisdiction are validated. 2-12 (b) The governmental acts and proceedings of the 2-13 municipality occurring after the annexation or extension of 2-14 extraterritorial jurisdiction may not be held invalid on the ground 2-15 that the annexation or the extension of extraterritorial 2-16 jurisdiction, in the absence of this article, was invalid. 2-17 Sec. 3. EFFECT OF LITIGATION. This article does not apply 2-18 to any matter that on the effective date of this article: 2-19 (1) is involved in litigation if the litigation 2-20 ultimately results in the matter being held invalid by a final 2-21 judgment of a court of competent jurisdiction; or 2-22 (2) has been held invalid by a final judgment of a 2-23 court of competent jurisdiction. 2-24 SECTION 2. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended, 3-2 and that this Act take effect and be in force from and after its 3-3 passage, and it is so enacted.