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                               * * * * *