JH C.S.S.B. 1454 75(R) BILL ANALYSIS URBAN AFFAIRS C.S.S.B. 1454 By: Lucio (Hill) 5-7-97 Committee Report (Substituted) BACKGROUND Title 28 of the 1925 revised civil statutes is entitled Cities, Towns and Villages. It has contained the statutes governing general-law and home-rule municipalities. The majority of these statutes now appear in the Local Government Code, a 1987 non-substantive recodification. Chapter 1 of Title 28 contains the general provisions regulating the adoption of that Title by municipalities. Title 28 also has historically contained validation statutes enacted by the Legislature. A validation statute generally rectifies any error, omission, or other irregularity in connection with a governmental act or proceeding. A validation act cannot validate an unconstitutional act or proceeding, however. PURPOSE C.S.S.B. 1454 would validate acts and proceedings of all cities occurring before June 1, 1997, with certain exceptions. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Enacts civil statute article 974d-45 as follows: Sec. 1 Validates all "acts and proceedings" of any city occurring before June 1, 1997, including the adoption or amendment of city charters, and territorial annexation or disannexation. Sec. 2 Does not validate void acts or those constituting a criminal offense. Does not validate incorporation within extraterritorial jurisdiction of another city without consent required by Local Government Code. Does not validate ordinances preempted by state or federal law, including Texas Alcoholic Beverage Code. Does not validate matters in litigation or judicially declared invalid. SECTION 2. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute changes the relevant date from March 1, 1997 to June 1, 1997. The substitute adds the provision that it does not validate void or criminal acts. The substitute deletes the provision in the original that a subsequent act cannot be held invalid on the basis that a prior act, which is validated, was invalid. The substitute deletes the provision in the original that would not validate an annexation if a service plan required by Local Government Code was not prepared. The substitute adds the provision that it does not validate a municipal incorporation within the ETJ of another city without the latter's consent. The substitute adds the provision that it does not validate municipal acts preempted by state or federal law.