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 act validates governmental acts or
1-10 proceedings which may otherwise be invalid or void because of
1-11 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 another law. This article does not
2-21 validate an annexation ordinance if a service plan required by Sec.
2-22 43.056, Local Government Code is not prepared by the governing
2-23 body. The boundaries fixed by the annexation or attempted
2-24 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. This article applies to governmental acts and
3-11 proceedings of cities and towns that occurred before March 1, 1995.
3-12 Sec. 7. ORDINANCE OR REGULATION NOT VALIDATED. This article
3-13 does not validate any ordinance or regulation of a municipality
3-14 that violates Section 1.06 or 109.57, Alcoholic Beverage Code.
3-15 Sec. 8. INDUSTRIAL DEVELOPMENT SALES TAX ELECTION. All acts
3-16 and procedures of a municipality in calling and holding an
3-17 industrial development sales tax election under authority of
3-18 Section 4B of Articles 5190.6, Vernon's Texas Civil Statutes, on a
3-19 non-uniform election date before January 1, 1995, declaring the
3-20 results thereof, and declaring the purposes for which the sales tax
3-21 proceeds authorized at such an election may be used, are validated
3-22 as of the dates on which they occurred.
3-23 Sec. 9. FORMATION OF LOCAL GOVERNMENT CORPORATION. All
3-24 governmental acts and proceedings of a municipality in creating,
3-25 organizing and operating a local government corporation under
4-1 Section 4A of Article 1528l, Vernon's Texas Civil Statutes, for
4-2 purposes of owning and operating a facility licensed pursuant to
4-3 Article 179e, Vernon's Texas Civil Statutes, are validated and
4-4 approved as of the date of the creation of the local government
4-5 corporation, all provisions of Article 1528l, Vernon's Texas Civil
4-6 Statutes, apply to such corporation, and the activities of the
4-7 corporation are validated or approved to be for a public purpose.
4-8 Sec. 10. EFFECT OF LITIGATION. This articles does not apply
4-9 to any matter that on the effective date of this article:
4-10 (1) is involved in litigation if the litigation
4-11 ultimately results in the matter being held invalid by a final
4-12 judgment of a court of competent jurisdiction; or
4-13 (2) has been held invalid by a final judgment of a
4-14 court of competent jurisdiction.
4-15 SECTION 2. The importance of this legislation and the
4-16 crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended,
4-20 and that this Act take effect and be in force from and after its
4-21 passage, and it is so enacted.