By:  Armbrister                                       S.B. No. 1467
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to validation of certain acts and proceedings of certain
    1-2  corporations created under the Health Facilities Development Act
    1-3  and to the authority of corporations created under that Act to
    1-4  refund outstanding bonds.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  VALIDATION.  (a)  In this section, "corporation"
    1-7  means a hospital development corporation that was created or
    1-8  attempted to be created pursuant to the Health Facilities
    1-9  Development Act (Chapter 221, Health & Safety Code).
   1-10        (b)  This section applies to all acts, resolutions, orders,
   1-11  instruments, obligations, and proceedings whatsoever taken,
   1-12  adopted, authorized, issued, entered into, or delivered by any
   1-13  corporation before January 1, 1993.
   1-14        (c)  All such acts, resolutions, orders, instruments,
   1-15  obligations, and proceedings of a corporation before January 1,
   1-16  1993, are in all respects validated, ratified, approved, and
   1-17  confirmed as of the date they were taken, adopted, authorized,
   1-18  issued, entered into, or delivered and shall be treated as though
   1-19  they had originally been duly authorized and accomplished in
   1-20  accordance with law.  Any such acts, resolutions, orders,
   1-21  instruments, obligations, or proceedings shall not be held invalid
   1-22  because they were not taken, adopted, authorized, issued, entered
   1-23  into, or delivered in accordance with law.  All governmental acts
    2-1  and proceedings of cities, counties, and hospital districts in
    2-2  connection with the authorization and approval of any acts,
    2-3  resolutions, orders, instruments, obligations, and proceedings of a
    2-4  corporation are validated, ratified, approved, and confirmed as of
    2-5  their original date.
    2-6        (d)  This section does not apply to any matter that on the
    2-7  effective date of this section:
    2-8              (1)  is involved in litigation if the litigation
    2-9  ultimately results in the matter being held invalid by a final
   2-10  judgment of a court of competent jurisdiction; or
   2-11              (2)  has been held invalid by a court of competent
   2-12  jurisdiction.
   2-13        SECTION 2.  AMENDMENT.  Subsection (a), Section 221.065,
   2-14  Health & Safety Code, is amended to read as follows:
   2-15        (a)  A development corporation may issue bonds to refund any
   2-16  of its valid outstanding bonds, including any bonds issued for
   2-17  unspecified projects and including any redemption premium on the
   2-18  bonds and interest accrued to the date of redemption, on a finding
   2-19  by the board of directors of the development corporation that there
   2-20  is a public benefit and a public purpose for the refunding.
   2-21        SECTION 3.  EMERGENCY.  The importance of this legislation
   2-22  and the crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended,
    3-1  and that this Act take effect and be in force from and after its
    3-2  passage, and it is so enacted.