By:  Ellis                                             S.B. No. 299
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the validation of governmental acts and proceedings by
    1-2  municipalities.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1. Title 28, Revised Statutes, is amended by adding
    1-5  Article 974d-44 to read as follows:
    1-6        Art. 974d-44
    1-7        Sec. 1.  APPLICATION.  This article applies to any
    1-8  incorporated city, town, or village operating under general laws or
    1-9  under a home-rule charter.
   1-10        Sec. 2.  ADOPTION OF HOME-RULE CHARTER.  (a)  All
   1-11  governmental acts and proceedings of a municipality covered by this
   1-12  article regarding the adoption of a home-rule charter are validated
   1-13  as of the dates on which they occurred.
   1-14        (b)  All governmental acts and proceedings of the
   1-15  municipality since adoption or attempted adoption of the charter
   1-16  are validated as of the dates on which they occurred.
   1-17        Sec. 3.  INCORPORATION PROCEEDINGS.  (a)  The incorporation
   1-18  proceedings of all cities and towns in this state that incorporated
   1-19  or attempted to be incorporated under the general laws of the State
   1-20  of Texas, whether under the aldermanic or commission form of
   1-21  government, and which have functioned or attempted to function as
   1-22  incorporated cities or towns since the date of such incorporation
   1-23  or attempted incorporation are validated as of the date of such
    2-1  incorporation or attempted incorporation.  The incorporation of
    2-2  such cities and towns shall not be held invalid by reason of the
    2-3  fact that the election proceedings or incorporation proceedings may
    2-4  not have been in accordance with law.
    2-5        (b)  All governmental proceedings performed by the governing
    2-6  bodies of all such cities and towns and their officers since their
    2-7  incorporation or attempted incorporation are validated as of the
    2-8  date of such proceedings, including extensions or attempted
    2-9  extensions of extraterritorial jurisdiction undertaken at the
   2-10  request of owners of territory.
   2-11        Sec. 4.  ANNEXATION PROCEEDINGS.  (a)  The governmental acts
   2-12  and proceedings of a city or town relating to the annexation or
   2-13  attempted annexation of adjacent territory by the city or town
   2-14  before December 31, 1994, are validated as of the dates they
   2-15  occurred.  The acts and proceedings may not be held invalid because
   2-16  they were not performed in accordance with the procedural or other
   2-17  requirements of Chapters 42 and 43, Local Government Code, or
   2-18  another law.  The boundaries fixed by the annexation or attempted
   2-19  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
    3-1  town's annexation or attempted annexation of territory in the
    3-2  extraterritorial jurisdiction of another city or town without the
    3-3  consent of that city or town in violation of Chapters 42 and 43,
    3-4  Local Government Code.
    3-5        Sec. 6.  EFFECT OF LITIGATION.  This article does not apply
    3-6  to any matter that on the effective date of this article:
    3-7              (1)  is involved in litigation if the litigation
    3-8  ultimately results in the matter being held invalid by a final
    3-9  judgment of a court of competent jurisdiction; or
   3-10              (2)  has been held invalid by a final judgment of a
   3-11  court of competent jurisdiction.
   3-12        SECTION 2. The importance of this legislation and the crowded
   3-13  condition of the calendars in both houses create an emergency and
   3-14  an imperative public necessity that the constitutional rule
   3-15  requiring bills to be read on three several days in each house be
   3-16  suspended, and this rule is hereby suspended, and that this Act
   3-17  take effect and be in force from and after its passage, and it is
   3-18  so enacted.