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