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.