By:  McCoulskey                                       H.B. No. 2083
       73R3063 CAG-D
                                 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.