BILL ANALYSIS S.B. 1671 By: Armbrister State Affairs 4-28-95 Committee Report (Unamended) BACKGROUND Since 1934, the legislature has regularly passed validation statutes that apply to various activities and functions of cities. These statutes validate certain actions by cities regarding the adoption of home rule charters, incorporation proceedings, and annexation proceedings. PURPOSE As proposed, S.B. 1671 validates certain governmental acts or proceedings of incorporated cities, towns, or villages operating under a home-rule charter, incorporation, or annexation since the last general validation passed by the 73rd Legislature. 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: Article 974d-44 Sec. 1. APPLICATION. Applies this article to any incorporated city, town, or village operating under general laws or a home-rule charter. Provides that this act validates governmental acts (acts) or proceedings which may otherwise be invalid or void because of procedural defects in the manner of enactment. Sec. 2. ADOPTION OR AMENDMENT OF HOME-RULE CHARTER. (a)-(b) Provide that all acts and proceedings of a municipality regarding or since the adoption or attempted adoption (adoption) or amendment of a home-rule 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 in this state that incorporated or attempted to incorporate (incorporated) and which have functioned or attempted to function as incorporated cities or towns since the date of such incorporation. Prohibits the incorporation from being held invalid because the election or incorporation proceedings may not have been in accordance with law. (b) Provides that all governmental proceedings performed by the governing bodies of all such cities and towns and their officers since their incorporation are validated as of the date of such proceedings. Sec. 4. ANNEXATION PROCEEDINGS. (a) Provides that the governmental acts and proceedings of a city or town relating to the annexation or attempted annexation (annexation) of adjacent territory are validated as of the dates they occurred. Prohibits the acts and proceedings from being held invalid because they were not in accordance with the procedural requirements. Provides that this article does not validate an annexation ordinance if a service plan is not prepared by the governing body. Provides that the boundaries fixed by the annexation are validated. (b) Prohibits the acts and proceedings 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 Act does not validate acts or 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, Government Code. Sec. 6. Applies this article to acts and proceedings of cities and towns that occurred before March 1, 1995. Sec. 7. ORDINANCE OR REGULATION NOT VALIDATED. Provides that this article does not validate any ordinance or regulation of a municipality that violates Section 1.06 or 109.57, Alcoholic Beverage Code. Sec. 8. INDUSTRIAL DEVELOPMENT SALES TAX ELECTION. Provides that all acts and procedures of a municipality in calling and holding an industrial development sales tax election on a non-uniform election date before January 1, 1995, declaring the results thereof, and declaring the purposes for which the sales tax proceeds may be used are validated as of the dates on which they occurred. Sec. 9. FORMATION OF LOCAL GOVERNMENT CORPORATION. Provides that all acts and proceedings of a municipality in creating, organizing, and operating a local government corporation for purposes of owning and operating a facility licensed pursuant to Article 179e, V.T.C.S., are validated and approved as of the date of the creation of the corporation, all provisions of Article 1528l, V.T.C.S. apply to such corporation, and the activities of the corporation are validated or approved to be for a public purpose. Sec. 10. EFFECT OF LITIGATION. Provides that this article does not apply to any matter that on the effective date is involved in litigation if the litigation ultimately results in the matter being held invalid or any matter that has been held invalid by a final judgment of a court of competent jurisdiction. SECTION 2. Emergency clause. Effective date: upon passage.