1-1 AN ACT
1-2 relating to the validation of all acts, governmental proceedings,
1-3 officials, bonds, and obligations of navigation districts and port
1-4 authorities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. DEFINITION. In this Act, "district" means a
1-7 navigation district or a port authority created under Section 52,
1-8 Article III, or Section 59, Article XVI, Texas Constitution, or
1-9 other public port authority.
1-10 SECTION 2. VALIDATION. The following are validated and
1-11 confirmed in all respects:
1-12 (1) all acts and governmental proceedings of a
1-13 district not excepted in this Act taken before March 1, 1997, are
1-14 validated as of the dates on which they occurred;
1-15 (2) all commissioners or other officials of a
1-16 district, whether elected or appointed, who took office before the
1-17 effective date of this Act; and
1-18 (3) all bonds and other obligations of a district
1-19 authorized before the effective date of this Act, including all
1-20 proceedings taken before the effective date of this Act that are
1-21 related to those bonds or other obligations, regardless of whether
1-22 the bonds or obligations are:
1-23 (A) payable from tax revenue or otherwise; or
1-24 (B) issued on or before the effective date of
2-1 this Act.
2-2 SECTION 3. APPLICABILITY. Section 2 of this Act does not
2-3 apply to:
2-4 (1) an act, proceeding, commissioner or official,
2-5 bond, or obligation the validity of which or of whom is the subject
2-6 of litigation that is pending on the effective date of this Act;
2-7 (2) an act or proceeding relating to the conveyance by
2-8 a district of any interest in real property that had originally
2-9 been patented or otherwise conveyed to the district by the state if
2-10 such act or proceeding by the district violated any restriction or
2-11 condition of the patent or other conveyance from the state; or
2-12 (3) an act or proceeding that violated Section 61.117,
2-13 Water Code. This Act does not validate any governmental acts or
2-14 proceedings which, under the statutes of this state at the time the
2-15 actions or proceedings occurred, were a misdemeanor or a felony.
2-16 SECTION 4. EMERGENCY. The importance of this legislation
2-17 and the crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force from and after its
2-22 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1254 was passed by the House on April
25, 1997, by the following vote: Yeas 145, Nays 0, 3 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1254 was passed by the Senate on May
19, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor