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 * * * * *