1-1 By: Henderson S.B. No. 88 1-2 (In the Senate - Filed January 8, 1993; January 14, 1993, 1-3 read first time and referred to Committee on Intergovernmental 1-4 Relations; January 27, 1993, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 9, Nays 0; 1-6 January 27, 1993, sent to 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 COMMITTEE SUBSTITUTE FOR S.B. No. 88 By: Henderson 1-21 A BILL TO BE ENTITLED 1-22 AN ACT 1-23 relating to the validation of governmental acts and proceedings by 1-24 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-40 to read as follows: 1-28 Art. 974d-40 1-29 Sec. 1. APPLICATION. This article applies to any 1-30 incorporated city, town, or village operating under general law or 1-31 under a home-rule charter. 1-32 Sec. 2. ADOPTION OF HOME-RULE CHARTER. (a) All 1-33 governmental acts and proceedings of a municipality covered by this 1-34 article regarding the adoption of a home-rule charter are validated 1-35 as of the dates on which they occurred. 1-36 (b) All governmental acts and proceedings of the 1-37 municipality since adoption or attempted adoption of the charter 1-38 are validated as of the dates on which they occurred. 1-39 Sec. 3. INCORPORATION PROCEEDINGS. (a) The incorporation 1-40 proceedings of all cities and towns in this state that incorporated 1-41 or attempted to incorporate under the general laws of the State of 1-42 Texas, whether under the aldermanic or commission form of 1-43 government, and which have functioned or attempted to function as 1-44 incorporated cities or towns since the date of such incorporation 1-45 or attempted incorporation are validated as of the date of such 1-46 incorporation or attempted incorporation. The incorporation of 1-47 such cities and towns shall not be held invalid by reason of the 1-48 fact that the election proceedings or incorporation proceedings may 1-49 not have been in accordance with law. 1-50 (b) All governmental proceedings performed by the governing 1-51 bodies of all such cities and towns and their officers since their 1-52 incorporation or attempted incorporation are validated as of the 1-53 date of such proceedings, including extensions or attempted 1-54 extensions of extraterritorial jurisdiction undertaken at the 1-55 request of owners of territory. 1-56 Sec. 4. ANNEXATION PROCEEDINGS. (a) The governmental acts 1-57 and proceedings of a city or town relating to the annexation or 1-58 attempted annexation of adjacent territory by the city or town 1-59 before December 31, 1992, are validated as of the dates they 1-60 occurred. The acts and proceedings may not be held invalid because 1-61 they were not performed in accordance with the procedural or other 1-62 requirements of Chapters 42 and 43, Local Government Code, or other 1-63 law. The boundaries fixed by the annexation or attempted 1-64 annexation are validated. 1-65 (b) The governmental acts and proceedings of a city or town 1-66 occurring after annexation may not be held invalid on the ground 1-67 that the annexation, in the absence of this article, was invalid. 1-68 Sec. 5. ANNEXATIONS NOT VALIDATED. This article does not 2-1 validate governmental acts or proceedings relating to a city's or 2-2 town's annexation or attempted annexation of territory in the 2-3 extraterritorial jurisdiction of another city or town without the 2-4 consent of that city or town in violation of Chapters 42 and 43, 2-5 Local Government Code. 2-6 Sec. 6. ORDINANCE OR REGULATION NOT VALIDATED. This article 2-7 does not validate any ordinance or regulation of a municipality 2-8 that violates Section 1.06 or 109.57, Alcoholic Beverage Code. 2-9 Sec. 7. EFFECT OF LITIGATION. This article does not apply 2-10 to any matter that on the effective date of this article: 2-11 (1) is involved in litigation if the litigation 2-12 ultimately results in the matter being held invalid by a final 2-13 judgment of a court of competent jurisdiction; or 2-14 (2) has been held invalid by a final judgment of a 2-15 court of competent jurisdiction. 2-16 SECTION 2. Title 28, Revised Statutes, is amended by adding 2-17 Article 974d-41 to read as follows: 2-18 Art. 974d-41 2-19 Sec. 1. APPLICATION. This article applies to any 2-20 municipality having a population of 1.5 million or more. 2-21 Sec. 2. PROCEEDINGS VALIDATED. The governmental acts and 2-22 proceedings of a municipality relating to a bond election that was 2-23 held before December 1, 1991, and at which the ballot proposition 2-24 was approved by more than 60 percent of the voters voting on the 2-25 proposition are validated as of the dates they occurred. The 2-26 validation includes the preparation and wording of the ballot 2-27 proposition, any action taken by the municipality in calling and 2-28 holding the bond election, and any other action taken by the 2-29 municipality before the effective date of this article in 2-30 connection with the issuance of any bonds approved in the bond 2-31 election. The acts and proceedings may not be held invalid because 2-32 they were not performed in accordance with law. A municipality may 2-33 take any further action or conduct any further proceeding necessary 2-34 to complete the issuance of the bonds approved at the bond 2-35 election, and, when issued, the bonds are valid and binding 2-36 obligations of the municipality in accordance with the terms of the 2-37 bonds. 2-38 Sec. 3. EFFECT ON LITIGATION. This article does not apply 2-39 to any matter that on the effective date of this article has been 2-40 held invalid by a final judgment of a court of competent 2-41 jurisdiction. 2-42 SECTION 3. The importance of this legislation and the 2-43 crowded condition of the calendars in both houses create an 2-44 emergency and an imperative public necessity that the 2-45 constitutional rule requiring bills to be read on three several 2-46 days in each house be suspended, and this rule is hereby suspended, 2-47 and that this Act take effect and be in force from and after its 2-48 passage, and it is so enacted. 2-49 * * * * * 2-50 Austin, 2-51 Texas 2-52 January 27, 2-53 1993 2-54 Hon. Bob Bullock 2-55 President of the Senate 2-56 Sir: 2-57 We, your Committee on Intergovernmental Relations to which was 2-58 referred S.B. No. 88, have had the same under consideration, and I 2-59 am instructed to report it back to the Senate with the 2-60 recommendation that it do not pass, but that the Committee 2-61 Substitute adopted in lieu thereof do pass and be printed. 2-62 Armbrister, 2-63 Chairman 2-64 * * * * * 2-65 WITNESSES 2-66 FOR AGAINST ON 2-67 ___________________________________________________________________ 2-68 Name: Susan Horton x 2-69 Representing: Texas Municipal League 2-70 City: Austin 3-1 ------------------------------------------------------------------- 3-2 Name: Sabrina Foster x 3-3 Representing: City of Houston 3-4 City: Houston 3-5 ------------------------------------------------------------------- 3-6 Name: Michael White x 3-7 Representing: Greater Houston Partnership 3-8 City: Houston 3-9 -------------------------------------------------------------------