1-1 By: Patterson S.B. No. 1501
1-2 (In the Senate - Filed May 13, 1993; May 13, 1993, read first
1-3 time and referred to Committee on Intergovernmental Relations;
1-4 May 20, 1993, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; May 20, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Armbrister x
1-9 Leedom x
1-10 Carriker x
1-11 Henderson x
1-12 Madla x
1-13 Moncrief x
1-14 Patterson x
1-15 Rosson x
1-16 Shapiro x
1-17 Wentworth x
1-18 Whitmire x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the validation of governmental acts and proceedings
1-22 concerning the issuance of bonds by certain municipal park boards
1-23 of trustees.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Title 28, Revised Statutes, is amended by adding
1-26 Article 974d-44 to read as follows:
1-27 Art. 974d-44
1-28 Sec. 1. APPLICATION. This article applies to any park
1-29 board of trustees of a municipality with a population of more than
1-30 59,000 and located adjacent to the Gulf of Mexico.
1-31 Sec. 2. ACTS AND PROCEEDINGS VALIDATED. (a) The
1-32 governmental acts and proceedings of a park board of trustees
1-33 occurring before the effective date of this article and relating to
1-34 the issuance of bonds and the source of revenues pledged for the
1-35 payment of bonds are validated as of the dates they occurred. The
1-36 acts and proceedings may not be held invalid because they were not
1-37 performed in accordance with law.
1-38 (b) A park board of trustees may take any further action or
1-39 conduct any further proceeding necessary to complete the issuance
1-40 of the bonds, and, when issued, the bonds are valid and binding
1-41 obligations of the park board of trustees in accordance with the
1-42 terms of the bonds.
1-43 Sec. 3. ISSUANCE OF REFUNDING BONDS. Refunding bonds may be
1-44 issued for the purpose of refunding one or more series or
1-45 installments of outstanding original or refunding bonds validated
1-46 by this article.
1-47 Sec. 4. EFFECT ON LITIGATION. This article does not apply
1-48 to any matter that on the effective date of this article:
1-49 (1) is involved in litigation if the litigation
1-50 ultimately results in the matter being held invalid by a final
1-51 judgment of a court of competent jurisdiction; or
1-52 (2) has been held invalid by a final judgment of a
1-53 court of competent jurisdiction.
1-54 SECTION 2. The importance of this legislation and the
1-55 crowded condition of the calendars in both houses create an
1-56 emergency and an imperative public necessity that the
1-57 constitutional rule requiring bills to be read on three several
1-58 days in each house be suspended, and this rule is hereby suspended,
1-59 and that this Act take effect and be in force from and after its
1-60 passage, and it is so enacted.
1-61 * * * * *
1-62 Austin,
1-63 Texas
1-64 May 20, 1993
1-65 Hon. Bob Bullock
1-66 President of the Senate
1-67 Sir:
1-68 We, your Committee on Intergovernmental Relations to which was
2-1 referred S.B. No. 1501, have had the same under consideration, and
2-2 I am instructed to report it back to the Senate with the
2-3 recommendation that it do pass and be printed.
2-4 Armbrister,
2-5 Chairman
2-6 * * * * *
2-7 WITNESSES
2-8 FOR AGAINST ON
2-9 ___________________________________________________________________
2-10 Name: Chet Brooks x
2-11 Representing: City of Galveston
2-12 City: Austin
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2-14 Name: Marilyn Schwartz x
2-15 Representing: Park Board of Trustees Galves
2-16 City: Galveston
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