By Hill                                                H.B. No. 509
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the validation of governmental acts and proceedings by
    1-3  municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 28, Revised Statutes, is amended by adding
    1-6  Article 974d-44 to read as follows:
    1-7        Art. 974d-44
    1-8        Sec. 1.  APPLICATION.  This article applies to any
    1-9  incorporated city, town, or village operating under general laws or
   1-10  under a home-rule charter.
   1-11        Sec. 2.  ADOPTION OF HOME-RULE CHARTER.   (a)  All
   1-12  governmental acts and proceedings of a municipality covered by this
   1-13  article regarding the adoption of a home-rule charter are validated
   1-14  as of the dates on which they occurred.
   1-15        (b)  All governmental acts and proceedings of the
   1-16  municipality since adoption or attempted adoption of the charter
   1-17  are validated as of the dates on which they occurred.
   1-18        Sec. 3.  INCORPORATION PROCEEDINGS.  (a)  The incorporation
   1-19  proceedings of all cities and towns in this state that incorporated
   1-20  or attempted to be incorporated under the general laws of the State
   1-21  of Texas, whether under the aldermanic or commission form of
   1-22  government, and which have functioned or attempted to function as
   1-23  incorporated cities or towns since the date of such incorporation
    2-1  or attempted incorporation are validated as of the date of such
    2-2  incorporation or attempted incorporation.  The incorporation of
    2-3  such cities and towns shall not be held invalid by reason of the
    2-4  fact that the election proceedings or incorporation proceedings may
    2-5  not have been in accordance with law.
    2-6        (b)  All governmental proceedings performed by the governing
    2-7  bodies of all such cities and towns and their officers since their
    2-8  incorporation or attempted incorporation are validated as of the
    2-9  date of such proceedings, including extensions or attempted
   2-10  extensions of extraterritorial jurisdiction undertaken at the
   2-11  request of owners of territory.
   2-12        Sec. 4.  ANNEXATION PROCEEDINGS.  (a)  The governmental acts
   2-13  and proceedings of a city or town relating to the annexation or
   2-14  attempted annexation of adjacent territory by the city or town
   2-15  before December 31, 1994, are validated as of the dates they
   2-16  occurred.  The acts and proceedings may not be held invalid because
   2-17  they were not performed in accordance with the procedural or other
   2-18  requirements of Chapters 42 and 43, Local Government Code, or
   2-19  another law.  The boundaries fixed by the annexation or attempted
   2-20  annexation are validated.
   2-21        (b)  The governmental acts and proceedings of the city or
   2-22  town occurring after the annexation may not be held invalid on the
   2-23  ground that the annexation, in the absence of this article, was
   2-24  invalid.
   2-25        Sec. 5.  ANNEXATIONS NOT VALIDATED.  This article does not
    3-1  validate governmental acts or proceedings relating to a city's or
    3-2  town's annexation or attempted annexation of territory in the
    3-3  extraterritorial jurisdiction of another city or town without the
    3-4  consent of that city or town in violation of Chapters 42 and 43,
    3-5  Local Government Code.
    3-6        Sec. 6.  EFFECT OF LITIGATION.  This article does not apply
    3-7  to any matter that on the effective date of this article:
    3-8              (1)  is involved in litigation if the litigation
    3-9  ultimately results in the matter being held invalid by a final
   3-10  judgment of a court of competent jurisdiction; or
   3-11              (2)  has been held invalid by a final judgment of a
   3-12  court of competent jurisdiction.
   3-13        SECTION 2.  The importance of this legislation and the
   3-14  crowded condition of the calendars in both houses create an
   3-15  emergency and an imperative public necessity that the
   3-16  constitutional rule requiring bills to be read on three several
   3-17  days in each house be suspended, and this rule is hereby suspended,
   3-18  and that this Act take effect and be in force from and after its
   3-19  passage, and it is so enacted.