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.