73R4374 LJR-F
By Henderson S.B. No. 88
Substitute the following for S.B. No. 88:
By Davila C.S.S.B. No. 88
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the validation of governmental acts and proceedings by
1-3 municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 28, Revised Statutes, is amended by adding
1-6 Article 974d-40 to read as follows:
1-7 Art. 974d-40
1-8 Sec. 1. APPLICATION. This article applies to any
1-9 incorporated city, town, or village operating under general law or
1-10 under a home-rule charter.
1-11 Sec. 2. ADOPTION OF HOME-RULE CHARTER. (a) All
1-12 governmental acts and proceedings of a municipality covered by this
1-13 article regarding the adoption of a home-rule charter are validated
1-14 as of the dates on which they occurred.
1-15 (b) All governmental acts and proceedings of the
1-16 municipality since adoption or attempted adoption of the charter
1-17 are validated as of the dates on which they occurred.
1-18 Sec. 3. INCORPORATION PROCEEDINGS. (a) The incorporation
1-19 proceedings of all cities and towns in this state that incorporated
1-20 or attempted to incorporate under the general laws of the State of
1-21 Texas, whether under the aldermanic or commission form of
1-22 government, and which have functioned or attempted to function as
1-23 incorporated cities or towns since the date of such incorporation
1-24 or attempted incorporation are validated as of the date of such
2-1 incorporation or attempted incorporation. The incorporation of
2-2 such cities and towns shall not be held invalid by reason of the
2-3 fact that the election proceedings or incorporation proceedings may
2-4 not have been in accordance with law.
2-5 (b) All governmental proceedings performed by the governing
2-6 bodies of all such cities and towns and their officers since their
2-7 incorporation or attempted incorporation are validated as of the
2-8 date of such proceedings, including extensions or attempted
2-9 extensions of extraterritorial jurisdiction undertaken at the
2-10 request of owners of territory.
2-11 Sec. 4. ANNEXATION PROCEEDINGS. (a) The governmental acts
2-12 and proceedings of a city or town relating to the annexation or
2-13 attempted annexation of adjacent territory by the city or town
2-14 before December 31, 1992, are validated as of the dates they
2-15 occurred. The acts and proceedings may not be held invalid because
2-16 they were not performed in accordance with the procedural or other
2-17 requirements of Chapters 42 and 43, Local Government Code, or other
2-18 law. The boundaries fixed by the annexation or attempted
2-19 annexation are validated.
2-20 (b) The governmental acts and proceedings of a city or town
2-21 occurring after annexation may not be held invalid on the ground
2-22 that the annexation, in the absence of this article, was invalid.
2-23 Sec. 5. ANNEXATIONS NOT VALIDATED. This article does not
2-24 validate governmental acts or proceedings relating to a city's or
2-25 town's annexation or attempted annexation of territory in the
2-26 extraterritorial jurisdiction of another city or town without the
2-27 consent of that city or town in violation of Chapters 42 and 43,
3-1 Local Government Code.
3-2 Sec. 6. ORDINANCE OR REGULATION NOT VALIDATED. This article
3-3 does not validate any ordinance or regulation of a municipality
3-4 that violates Section 1.06 or 109.57, Alcoholic Beverage Code.
3-5 Sec. 7. EFFECT OF LITIGATION. This article does not apply
3-6 to any matter that on the effective date of this article:
3-7 (1) is involved in litigation if the litigation
3-8 ultimately results in the matter being held invalid by a final
3-9 judgment of a court of competent jurisdiction; or
3-10 (2) has been held invalid by a final judgment of a
3-11 court of competent jurisdiction.
3-12 SECTION 2. Title 28, Revised Statutes, is amended by adding
3-13 Article 974d-41 to read as follows:
3-14 Art. 974d-41
3-15 Sec. 1. APPLICATION. This article applies to any
3-16 municipality having a population of 1.5 million or more.
3-17 Sec. 2. PROCEEDINGS VALIDATED. The governmental acts and
3-18 proceedings of a municipality relating to a bond election that was
3-19 held before December 1, 1991, and at which the ballot proposition
3-20 was approved by more than 60 percent of the voters voting on the
3-21 proposition are validated as of the dates they occurred. The
3-22 validation includes the preparation and wording of the ballot
3-23 proposition, any action taken by the municipality in calling and
3-24 holding the bond election, and any other action taken by the
3-25 municipality before the effective date of this article in
3-26 connection with the issuance of any bonds approved in the bond
3-27 election. The acts and proceedings may not be held invalid because
4-1 they were not performed in accordance with law. A municipality may
4-2 take any further action or conduct any further proceeding necessary
4-3 to complete the issuance of the bonds approved at the bond
4-4 election, and, when issued, the bonds are valid and binding
4-5 obligations of the municipality in accordance with the terms of the
4-6 bonds.
4-7 Sec. 3. EFFECT ON LITIGATION. This article does not apply
4-8 to any matter that on the effective date of this article has been
4-9 held invalid by a final judgment of a court of competent
4-10 jurisdiction.
4-11 Sec. 4. RECOMMENDATION. The legislature recommends to the
4-12 governing body of a municipality that it adopt the aggregate goals
4-13 for the municipality's contracting with minority and women
4-14 enterprises set forth in the June 1992, report of Texas Southern
4-15 University as specified for the categories of construction,
4-16 procurement, and professional services.
4-17 SECTION 3. The importance of this legislation and the
4-18 crowded condition of the calendars in both houses create an
4-19 emergency and an imperative public necessity that the
4-20 constitutional rule requiring bills to be read on three several
4-21 days in each house be suspended, and this rule is hereby suspended,
4-22 and that this Act take effect and be in force from and after its
4-23 passage, and it is so enacted.