By: Armbrister S.B. No. 1467
A BILL TO BE ENTITLED
AN ACT
1-1 relating to validation of all acts, resolutions, orders,
1-2 instruments, obligations and proceedings of hospital development
1-3 corporations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. The term "corporation" means any
1-6 hospital development corporation which was created or attempted to
1-7 be created pursuant to the Health Facilities Development Act,
1-8 Health & Safety Code, Chapter 221 (formerly Article 1528j, Vernon's
1-9 Texas Civil Statutes).
1-10 SECTION 2. APPLICATION DATE. This Act applies to all acts,
1-11 resolutions, orders, instruments, obligations and proceedings
1-12 whatsoever taken, adopted, authorized, issued, entered into or
1-13 delivered by any corporation prior to January 1, 1993.
1-14 SECTION 3. MATTERS VALIDATED. All such acts, resolutions,
1-15 orders, instruments, obligations and proceedings of a corporation
1-16 prior to January 1, 1993, are in all respect validated, ratified,
1-17 approved and confirmed as of the date they were taken, adopted,
1-18 authorized, issued, entered into or delivered and shall be treated
1-19 as though they had originally been duly authorized and accomplished
1-20 in 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 or a
2-4 corporation are validated, ratified, approved, and confirmed as of
2-5 their original date.
2-6 SECTION 4. EXCEPTIONS. This Act does not apply to any
2-7 matter that on the effective date of this Act:
2-8 (a) is involved in litigation if the litigation ultimately
2-9 results in the matter being held invalid by a final judgment of a
2-10 court of competent jurisdiction, or
2-11 (b) has been held invalid by a court of competent
2-12 jurisdiction.
2-13 SECTION 5. EMERGENCY. The importance of this legislation
2-14 and the crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.