H.B. No. 2083
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.