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
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3-2 Name: Sabrina Foster x
3-3 Representing: City of Houston
3-4 City: Houston
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3-6 Name: Michael White x
3-7 Representing: Greater Houston Partnership
3-8 City: Houston
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