1-1 By: McCoulskey, et al. (Senate Sponsor - Armbrister) H.B. No. 2083
1-2 (In the Senate - Received from the House May 17, 1993;
1-3 May 18, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 25, 1993, reported favorably by
1-5 the following vote: Yeas 7, Nays 0; May 25, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the validation of governmental acts and proceedings
1-23 related to certain annexations and certain extensions of
1-24 extraterritorial boundaries by municipalities.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Title 28, Revised Statutes, is amended by adding
1-27 Article 974d-42 to read as follows:
1-28 Art. 974d-42
1-29 Sec. 1. MUNICIPALITY COVERED. This article applies only to
1-30 a municipality operating under the general laws or a home-rule
1-31 charter with a population of 10,000 or less, according to the most
1-32 recent federal census, that has:
1-33 (1) extended or attempted to extend, in response to a
1-34 petition of the owner of land in the area or by the municipality's
1-35 own motion, the corporate limits or the extraterritorial
1-36 jurisdiction of the municipality to encompass an area a part of
1-37 which is within one or more municipal utility districts created
1-38 under Article XVI, Section 59, of the Texas Constitution and
1-39 Chapter 54, Water Code;
1-40 (2) passed an ordinance describing the territory
1-41 annexed or included in the extraterritorial jurisdiction; and
1-42 (3) caused a certified copy of the ordinance to be
1-43 recorded in the deed records of the county in which the
1-44 municipality is located.
1-45 Sec. 2. ANNEXATION PROCEEDINGS. (a) The governmental acts
1-46 and proceedings of a municipality relating to the annexation or
1-47 attempted annexation of territory or the extension or attempted
1-48 extension of the municipality's extraterritorial jurisdiction
1-49 before December 15, 1992, are validated as of the dates they
1-50 occurred. The acts and proceedings may not be held invalid because
1-51 they were not performed in accordance with the requirements of
1-52 Chapters 42 and 43, Local Government Code, or any other law. The
1-53 boundaries fixed by the annexation or attempted annexation or the
1-54 extension or attempted extension of the extraterritorial
1-55 jurisdiction are validated.
1-56 (b) The governmental acts and proceedings of the
1-57 municipality occurring after the annexation or extension of
1-58 extraterritorial jurisdiction may not be held invalid on the ground
1-59 that the annexation or the extension of extraterritorial
1-60 jurisdiction, in the absence of this article, was invalid.
1-61 Sec. 3. EFFECT OF LITIGATION. This article does not apply
1-62 to any matter that on the effective date of this article:
1-63 (1) is involved in litigation if the litigation
1-64 ultimately results in the matter being held invalid by a final
1-65 judgment of a court of competent jurisdiction; or
1-66 (2) has been held invalid by a final judgment of a
1-67 court of competent jurisdiction.
1-68 SECTION 2. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended,
2-5 and that this Act take effect and be in force from and after its
2-6 passage, and it is so enacted.
2-7 * * * * *
2-8 Austin,
2-9 Texas
2-10 May 25, 1993
2-11 Hon. Bob Bullock
2-12 President of the Senate
2-13 Sir:
2-14 We, your Committee on Intergovernmental Relations to which was
2-15 referred H.B. No. 2083, have had the same under consideration, and
2-16 I am instructed to report it back to the Senate with the
2-17 recommendation that it do pass and be printed.
2-18 Armbrister,
2-19 Chairman
2-20 * * * * *
2-21 WITNESSES
2-22 No witnesses appeared on H.B. 2083.