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 * * * * *