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.