SRC-JRN S.B. 1454 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1454
By: Lucio
Intergovernmental Relations
3-21-97
As Filed


DIGEST 

Currently, actions taken by a city may be validated by statutes passed by
the Texas Legislature. However, some cities may be prohibited from
validating actions if certain procedural requirements are not met in the
validation process.  This bill allows a city to validate certain actions
taken by the city although procedural irregularities may have occurred
when the city acted. 

PURPOSE

As proposed, S.B. 1454 allows a city to validate certain actions taken by
the city although procedural irregularities may have occurred when the
city acted. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 28, Revised Statutes, by adding Article 974d-45,
as follows: 

Art. 974d-45.  GENERAL MUNICIPAL VALIDATION

Sec. 1. APPLICATION.  Provides that this article validates only certain
governmental acts or proceedings.   

Sec. 2. MATTER VALIDATED, INCLUDING CHARTER, INCORPORATION, AND
ANNEXATION.  Requires all governmental acts and proceedings of a
municipality to be validated as of the dates on which they occurred.  Sets
forth requirements relating to the validation of a governmental act or
proceeding. 

Sec. 3. SUBSEQUENT ACT OR PROCEEDING VALID.  Prohibits a governmental act
or proceeding of a municipality occurring after an act or proceeding
validated by this article from being held invalid on the ground that the
prior act or proceeding, in absence of this article, was invalid. 

Sec. 4. EXCEPTIONS TO VALIDATION.  Sets forth ordinances and governmental
acts or proceedings which this article does not validate. 

Sec. 5. EFFECT OF LITIGATION.  Sets forth litigation and judgment matters
to which this article does not apply on the effective date of this
article. 

SECTION 2. Emergency clause.
  Effective date: upon passage.