1-1 By: Armbrister S.B. No. 1671 1-2 (In the Senate - Filed April 21, 1995; April 24, 1995, read 1-3 first time and referred to Committee on State Affairs; 1-4 April 28, 1995, reported favorably by the following vote: Yeas 8, 1-5 Nays 0; April 28, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the validation of governmental acts and proceedings by 1-9 municipalities. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Title 28, Revised Statutes, is amended by adding 1-12 Article 974d-44 to read as follows: 1-13 Art. 974d-44 1-14 Sec. 1. APPLICATION. This article applies to any 1-15 incorporated city, town, or village operating under general laws or 1-16 under a home-rule charter. This article validates governmental 1-17 acts or proceedings which may otherwise be invalid or void because 1-18 of procedural defects in the manner of enactment. 1-19 Sec. 2. ADOPTION OR AMENDMENT OF HOME-RULE CHARTER. 1-20 (a) All governmental acts and proceedings of a municipality 1-21 covered by this article regarding the adoption or amendment of a 1-22 home-rule charter are validated as of the dates on which they 1-23 occurred. 1-24 (b) All governmental acts and proceedings of the 1-25 municipality since adoption or attempted adoption or amendment of 1-26 the charter are validated as of the dates on which they occurred. 1-27 Sec. 3. INCORPORATION PROCEEDINGS. (a) The incorporation 1-28 proceedings of all cities and towns in this state that incorporated 1-29 or attempted to incorporate under the general laws of the State of 1-30 Texas, whether under the aldermanic or commission form of 1-31 government, and which have functioned or attempted to function as 1-32 incorporated cities or towns since the date of such incorporation 1-33 or attempted incorporation are validated as of the date of such 1-34 incorporation or attempted incorporation. The incorporation of 1-35 such cities and towns shall not be held invalid by reason of the 1-36 fact that the election proceedings or incorporation proceedings may 1-37 not have been in accordance with law. 1-38 (b) All governmental proceedings performed by the governing 1-39 bodies of all such cities and towns and their officers since their 1-40 incorporation or attempted incorporation are validated as of the 1-41 date of such proceedings, including extensions or attempted 1-42 extensions of extraterritorial jurisdiction undertaken at the 1-43 request of owners of territory. 1-44 Sec. 4. ANNEXATION PROCEEDINGS. (a) The governmental acts 1-45 and proceedings of a city or town relating to the annexation or 1-46 attempted annexation of adjacent territory by the city or town are 1-47 validated as of the dates they occurred. The acts and proceedings 1-48 may not be held invalid because they were not performed in 1-49 accordance with the procedural requirements of Chapters 42 and 43, 1-50 Local Government Code, or other law. This article does not 1-51 validate an annexation ordinance if a service plan required by 1-52 Section 43.056, Local Government Code, is not prepared by the 1-53 governing body. The boundaries fixed by the annexation or 1-54 attempted annexation are validated. 1-55 (b) The governmental acts and proceedings of the city or 1-56 town occurring after the annexation may not be held invalid on the 1-57 ground that the annexation, in the absence of this article, was 1-58 invalid. 1-59 Sec. 5. ANNEXATIONS NOT VALIDATED. This article does not 1-60 validate governmental acts or proceedings relating to a city's or 1-61 town's annexation or attempted annexation of territory in the 1-62 extraterritorial jurisdiction of another city or town without the 1-63 consent of that city or town in violation of Chapters 42 and 43, 1-64 Local Government Code. 1-65 Sec. 6. APPLICATION; TIME. This article applies to 1-66 governmental acts and proceedings of cities and towns that occurred 1-67 before March 1, 1995. 1-68 Sec. 7. ORDINANCE OR REGULATION NOT VALIDATED. This article 2-1 does not validate any ordinance or regulation of a municipality 2-2 that violates Section 1.06 or 109.57, Alcoholic Beverage Code. 2-3 Sec. 8. INDUSTRIAL DEVELOPMENT SALES TAX ELECTION. All acts 2-4 and procedures of a municipality in calling and holding an 2-5 industrial development sales tax election under authority of 2-6 Section 4B, Development Corporation Act of 1979 (Article 5190.6, 2-7 Vernon's Texas Civil Statutes), on a nonuniform election date 2-8 before January 1, 1995, declaring the results thereof, and 2-9 declaring the purposes for which the sales tax proceeds authorized 2-10 at such an election may be used, are validated as of the dates on 2-11 which they occurred. 2-12 Sec. 9. FORMATION OF LOCAL GOVERNMENT CORPORATION. All 2-13 governmental acts and proceedings of a municipality in creating, 2-14 organizing, and operating a local government corporation under 2-15 Section 4A, Texas Transportation Corporation Act (Article 1528l, 2-16 Vernon's Texas Civil Statutes), for purposes of owning and 2-17 operating a facility licensed pursuant to the Texas Racing Act 2-18 (Article 179e, Vernon's Texas Civil Statutes), are validated and 2-19 approved as of the date of the creation of the local government 2-20 corporation; all provisions of the Texas Transportation Corporation 2-21 Act (Article 1528l, Vernon's Texas Civil Statutes) apply to such 2-22 corporation, and the activities of the corporation are validated or 2-23 approved to be for a public purpose. 2-24 Sec. 10. EFFECT OF LITIGATION. This article does not apply 2-25 to any matter that on the effective date of this article: 2-26 (A) is involved in litigation if the litigation 2-27 ultimately results in the matter being held invalid by a final 2-28 judgment of a court of competent jurisdiction; or 2-29 (B) has been held invalid by a final judgment of a 2-30 court of competent jurisdiction. 2-31 SECTION 2. The importance of this legislation and the 2-32 crowded condition of the calendars in both houses create an 2-33 emergency and an imperative public necessity that the 2-34 constitutional rule requiring bills to be read on three several 2-35 days in each house be suspended, and this rule is hereby suspended, 2-36 and that this Act take effect and be in force from and after its 2-37 passage, and it is so enacted. 2-38 * * * * *