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.