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.