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.