By:  Armbrister                                       S.B. No. 1671
                                 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.  This article validates governmental
   1-10  acts or proceedings which may otherwise be invalid or void because
   1-11  of procedural defects in the manner of enactment.
   1-12        Sec. 2.  ADOPTION OR AMENDMENT OF HOME-RULE CHARTER.
   1-13  (a)  All governmental acts and proceedings of a municipality
   1-14  covered by this article regarding the adoption or amendment of a
   1-15  home-rule charter are validated as of the dates on which they
   1-16  occurred.
   1-17        (b)  All governmental acts and proceedings of the
   1-18  municipality since adoption or attempted adoption or amendment of
   1-19  the charter are validated as of the dates on which they occurred.
   1-20        Sec. 3.  INCORPORATION PROCEEDINGS.  (a)  The incorporation
   1-21  proceedings of all cities and towns in this state that incorporated
   1-22  or attempted to incorporate under the general laws of the State of
   1-23  Texas, whether under the aldermanic or commission form of
    2-1  government, and which have functioned or attempted to function as
    2-2  incorporated cities or towns since the date of such incorporation
    2-3  or attempted incorporation are validated as of the date of such
    2-4  incorporation or attempted incorporation.  The incorporation of
    2-5  such cities and towns shall not be held invalid by reason of the
    2-6  fact that the election proceedings or incorporation proceedings may
    2-7  not have been in accordance with law.
    2-8        (b)  All governmental proceedings performed by the governing
    2-9  bodies of all such cities and towns and their officers since their
   2-10  incorporation or attempted incorporation are validated as of the
   2-11  date of such proceedings, including extensions or attempted
   2-12  extensions of extraterritorial jurisdiction undertaken at the
   2-13  request of owners of territory.
   2-14        Sec. 4.  ANNEXATION PROCEEDINGS.  (a)  The governmental acts
   2-15  and proceedings of a city or town relating to the annexation or
   2-16  attempted annexation of adjacent territory by the city or town are
   2-17  validated as of the dates they occurred.  The acts and proceedings
   2-18  may not be held invalid because they were not performed in
   2-19  accordance with the procedural requirements of Chapters 42 and 43,
   2-20  Local Government Code, or other law.  This article does not
   2-21  validate an annexation ordinance if a service plan required by
   2-22  Section 43.056, Local Government Code, is not prepared by the
   2-23  governing body.  The boundaries fixed by the annexation or
   2-24  attempted annexation are validated.
   2-25        (b)  The governmental acts and proceedings of the city or
    3-1  town occurring after the annexation may not be held invalid on the
    3-2  ground that the annexation, in the absence of this article, was
    3-3  invalid.
    3-4        Sec. 5.  ANNEXATIONS NOT VALIDATED.  This article does not
    3-5  validate governmental acts or proceedings relating to a city's or
    3-6  town's annexation or attempted annexation of territory in the
    3-7  extraterritorial jurisdiction of another city or town without the
    3-8  consent of that city or town in violation of Chapters 42 and 43,
    3-9  Local Government Code.
   3-10        Sec. 6.  APPLICATION; TIME.  This article applies to
   3-11  governmental acts and proceedings of cities and towns that occurred
   3-12  before March 1, 1995.
   3-13        Sec. 7.  ORDINANCE OR REGULATION NOT VALIDATED.  This article
   3-14  does not validate any ordinance or regulation of a municipality
   3-15  that violates Section 1.06 or 109.57, Alcoholic Beverage Code.
   3-16        Sec. 8.  INDUSTRIAL DEVELOPMENT SALES TAX ELECTION.  All acts
   3-17  and procedures of a municipality in calling and holding an
   3-18  industrial development sales tax election under authority of
   3-19  Section 4B, Development Corporation Act of 1979 (Article 5190.6,
   3-20  Vernon's Texas Civil Statutes), on a nonuniform election date
   3-21  before January 1, 1995, declaring the results thereof, and
   3-22  declaring the purposes for which the sales tax proceeds authorized
   3-23  at such an election may be used, are validated as of the dates on
   3-24  which they occurred.
   3-25        Sec. 9.  FORMATION OF LOCAL GOVERNMENT CORPORATION.  All
    4-1  governmental acts and proceedings of a municipality in creating,
    4-2  organizing, and operating a local government corporation under
    4-3  Section 4A, Texas Transportation Corporation Act (Article 1528l,
    4-4  Vernon's Texas Civil Statutes), for purposes of owning and
    4-5  operating a  facility licensed pursuant to the Texas Racing Act
    4-6  (Article 179e, Vernon's Texas Civil Statutes), are validated and
    4-7  approved as of the date of the creation of the local government
    4-8  corporation; all provisions of the Texas Transportation Corporation
    4-9  Act (Article 1528l, Vernon's Texas Civil Statutes) apply to such
   4-10  corporation, and the activities of the corporation are validated or
   4-11  approved to be for a public purpose.
   4-12        Sec. 10.  EFFECT OF LITIGATION.  This article does not apply
   4-13  to any matter that on the effective date of this article:
   4-14              (1)  is involved in litigation if the litigation
   4-15  ultimately results in the matter being held invalid by a final
   4-16  judgment of a court of competent jurisdiction; or
   4-17              (2)  has been held invalid by a final judgment of a
   4-18  court of competent jurisdiction.
   4-19        SECTION 2.  The importance of this legislation and the
   4-20  crowded condition of the calendars in both houses create an
   4-21  emergency and an imperative public necessity that the
   4-22  constitutional rule requiring bills to be read on three several
   4-23  days in each house be suspended, and this rule is hereby suspended,
   4-24  and that this Act take effect and be in force from and after its
   4-25  passage, and it is so enacted.