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 2-13 ------------------------------------------------------------------- 2-14 Name: Marilyn Schwartz x 2-15 Representing: Park Board of Trustees Galves 2-16 City: Galveston 2-17 -------------------------------------------------------------------