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.