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.
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