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.