BILL ANALYSIS
S.B. 299
By: Ellis
Intergovernmental Relations
2-1-95
Committee Report (Amended)
BACKGROUND
Since 1934, the legislature has regularly passed validation
statutes that apply to various activities and functions of cities.
These statutes validate certain actions taken by cities regarding
adoption of home rule charters, and incorporation and annexation
proceedings.
PURPOSE
As proposed, S.B. 299 validates municipalities' adoption of home-rule charters, and incorporation and annexation proceedings;
provides that annexation of extraterritorial jurisdiction of
another municipality is not validated.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 28, V.T.C.S., by adding Article 974d-44,
as follows:
Art. 974d-44.
Sec. 1. APPLICATION. Makes this article applicable to any
incorporated city, town, or village operating under general
laws or under a home-rule charter.
Sec. 2. ADOPTION OR AMENDMENT OF HOME-RULE CHARTER. (a)
Provides that all governmental acts and proceedings
(proceedings) of a municipality covered by this article
regarding the adoption or amendment of a home-rule charter are
validated as of the dates on which they occurred.
(b) Provides that all proceedings of a municipality since
adoption or attempted adoption or amendment of the charter
are validated as of the dates on which they occurred.
Sec. 3. INCORPORATION PROCEEDINGS. (a) Provides that the
incorporation proceedings of all cities and towns are
validated as of the date of such incorporation or attempted
incorporation. Prohibits the incorporation of such cities and
towns from being held invalid because the election or
incorporation proceedings may not have been in accordance with
the law.
(b) Provides that all proceedings performed by the
governing bodies of all such cities and towns since their
incorporation or attempted incorporation are validated as of
the date of such proceedings.
Sec. 4. ANNEXATION PROCEEDINGS. (a) Provides that
proceedings of a city or town relating to annexation of
adjacent territory by the city or town before December 31,
1994, are validated as of the dates they occurred. Prohibits
the proceedings from being held invalid because they were not
performed in accordance with certain law. Provides that the
boundaries fixed by the annexation are validated.
(b) Prohibits the proceedings of the city or town occurring
after annexation from being held invalid on the ground that
the annexation, in the absence of this article, was invalid.
Sec. 5. ANNEXATIONS NOT VALIDATED. Provides that this
article does not validate governmental proceedings relating to
a city's or town's annexation of territory in the
extraterritorial jurisdiction of another city or town without
the consent of that city or town in violation of Chapters 42
and 43, Local Government Code.
Sec. 6. EFFECT OF LITIGATION. This article does not apply to
any matter that on the effective date of this article is
involved in litigation that results in a final court judgment
of invalidity or has been held invalid by a court.
SECTION 2. Emergency clause.
Effective date: upon passage.