1-1 By: Ellis S.B. No. 299
1-2 (In the Senate - Filed January 23, 1995; January 24, 1995,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; February 1, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 11, Nays 0; February 1, 1995, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Ellis
1-8 Amend S.B. 299 as follows:
1-9 (1) In SECTION 1, Sec. 2 (page 1, line 27) insert the
1-10 following between the words "ADOPTION" and "OF": "OR AMENDMENT"
1-11 (2) In SECTION 1, Section 2(a) (page 1, line 29), insert the
1-12 following between the words "adoption" and "of": "or amendment"
1-13 (3) In SECTION 1, Sec. 2(b) (page 1, line 32) insert the
1-14 following between the words "attempted adoption" and "of": "or
1-15 amendment"
1-16 A BILL TO BE ENTITLED
1-17 AN ACT
1-18 relating to the validation of governmental acts and proceedings by
1-19 municipalities.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Title 28, Revised Statutes, is amended by adding
1-22 Article 974d-44 to read as follows:
1-23 Art. 974d-44
1-24 Sec. 1. APPLICATION. This article applies to any
1-25 incorporated city, town, or village operating under general laws or
1-26 under a home-rule charter.
1-27 Sec. 2. ADOPTION OF HOME-RULE CHARTER. (a) All
1-28 governmental acts and proceedings of a municipality covered by this
1-29 article regarding the adoption of a home-rule charter are validated
1-30 as of the dates on which they occurred.
1-31 (b) All governmental acts and proceedings of the
1-32 municipality since adoption or attempted adoption of the charter
1-33 are validated as of the dates on which they occurred.
1-34 Sec. 3. INCORPORATION PROCEEDINGS. (a) The incorporation
1-35 proceedings of all cities and towns in this state that incorporated
1-36 or attempted to incorporate under the general laws of the State of
1-37 Texas, whether under the aldermanic or commission form of
1-38 government, and which have functioned or attempted to function as
1-39 incorporated cities or towns since the date of such incorporation
1-40 or attempted incorporation are validated as of the date of such
1-41 incorporation or attempted incorporation. The incorporation of
1-42 such cities and towns shall not be held invalid by reason of the
1-43 fact that the election proceedings or incorporation proceedings may
1-44 not have been in accordance with law.
1-45 (b) All governmental proceedings performed by the governing
1-46 bodies of all such cities and towns and their officers since their
1-47 incorporation or attempted incorporation are validated as of the
1-48 date of such proceedings, including extensions or attempted
1-49 extensions of extraterritorial jurisdiction undertaken at the
1-50 request of owners of territory.
1-51 Sec. 4. ANNEXATION PROCEEDINGS. (a) The governmental acts
1-52 and proceedings of a city or town relating to the annexation or
1-53 attempted annexation of adjacent territory by the city or town
1-54 before December 31, 1994, are validated as of the dates they
1-55 occurred. The acts and proceedings may not be held invalid because
1-56 they were not performed in accordance with the procedural or other
1-57 requirements of Chapters 42 and 43, Local Government Code, or
1-58 another law. The boundaries fixed by the annexation or attempted
1-59 annexation are validated.
1-60 (b) The governmental acts and proceedings of the city or
1-61 town occurring after the annexation may not be held invalid on the
1-62 ground that the annexation, in the absence of this article, was
1-63 invalid.
1-64 Sec. 5. ANNEXATIONS NOT VALIDATED. This article does not
1-65 validate governmental acts or proceedings relating to a city's or
1-66 town's annexation or attempted annexation of territory in the
1-67 extraterritorial jurisdiction of another city or town without the
1-68 consent of that city or town in violation of Chapters 42 and 43,
2-1 Local Government Code.
2-2 Sec. 6. EFFECT OF LITIGATION. This article does not apply
2-3 to any matter that on the effective date of this article:
2-4 (1) is involved in litigation if the litigation
2-5 ultimately results in the matter being held invalid by a final
2-6 judgment of a court of competent jurisdiction; or
2-7 (2) has been held invalid by a final judgment of a
2-8 court of competent jurisdiction.
2-9 SECTION 2. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended,
2-14 and that this Act take effect and be in force from and after its
2-15 passage, and it is so enacted.
2-16 * * * * *