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.