By Ellis S.B. No. 299
Substitute the following for S.B. No. 299:
By Hill C.S.S.B. No. 299
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. 9742-44
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 OR AMENDMENT OF HOME-RULE CHARTER.
1-12 (a) All governmental acts and proceedings of a municipality
1-13 covered by this article regarding the adoption or amendment of a
1-14 home-rule charter are validated as of the dates on which they
1-15 occurred.
1-16 (b) All governmental acts and proceedings of the
1-17 municipality since adoption or attempted adoption or amendment of
1-18 the charter are validated as of the dates on which they occurred.
1-19 Sec. 3. INCORPORATION PROCEEDINGS. (a) The incorporation
1-20 proceedings of all cities and towns in this state that incorporated
1-21 or attempted to incorporate under the general laws of the State of
1-22 Texas, whether under the aldermanic or commission form of
1-23 government, and which have functioned or attempted to function as
1-24 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 are
2-15 validated as of the dates they occurred. The acts and proceedings
2-16 may not be held invalid because they were not performed in
2-17 accordance with the procedural or other requirements of Chapters 42
2-18 and 43, Local Government Code, or another law. The boundaries
2-19 fixed by the annexation or attempted annexation are validated.
2-20 (b) The governmental acts and proceedings of the city or
2-21 town occurring after the annexation may not be held invalid on the
2-22 ground that the annexation, in the absence of this article, was
2-23 invalid.
2-24 Sec. 5. ANNEXATIONS NOT VALIDATED. This article does not
2-25 validate governmental acts or proceedings relating to a city's or
2-26 town's annexation or attempted annexation of territory in the
2-27 extraterritorial jurisdiction of another city or town without the
3-1 consent of that city or town in violation of Chapters 42 and 43,
3-2 Local Government Code.
3-3 Sec. 6. This article applies to governmental acts and
3-4 proceedings of cities and towns that occurred before March 1, 1995.
3-5 Sec. 7. ORDINANCE OR REGULATION NOT VALIDATED. This article
3-6 does not validate any ordinance or regulation of a municipality
3-7 that violates Section 1.06 or 109.57, Alcoholic Beverage Code.
3-8 Sec. 8. INDUSTRIAL DEVELOPMENT SALES TAX ELECTION. All acts
3-9 and procedures of a municipality in calling and holding an
3-10 industrial development sales tax election under authority of
3-11 Section 4B of Articles 5190.6, Vernon's Texas Civil Statutes, on a
3-12 non-uniform election date before January 1, 1995, declaring the
3-13 results thereof, and declaring the purposes for which the sales tax
3-14 proceeds authorized at such an election may be used, are validated
3-15 as of the dates on which they occurred.
3-16 Sec. 9. EFFECT OF LITIGATION. This articles does not apply
3-17 to any matter that on the effective date of this article:
3-18 (1) is involved in litigation if the litigation
3-19 ultimately results in the matter being held invalid by a final
3-20 judgment of a court of competent jurisdiction; or
3-21 (2) has been held invalid by a final judgment of a
3-22 court of competent jurisdiction.
3-23 SECTION 2. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended,
4-1 and that this Act take effect and be in force from and after its
4-2 passage, and it is so enacted.