By Hill                                         H.B. No. 1409

      75R6242 MRB-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the validation of a governmental act or proceeding of a

 1-3     municipality.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 1, Title 28, Revised Statutes, is amended

 1-6     by adding Article 974d-45 to read as follows:

 1-7           Art. 974d-45.  GENERAL MUNICIPAL VALIDATION

 1-8           Sec. 1.  APPLICATION.   This article validates only a

 1-9     governmental act or proceeding that:

1-10                 (1)  was an act or proceeding of a municipality

1-11     operating under the general law or a home-rule charter;

1-12                 (2)  occurred before March 1, 1997; and

1-13                 (3)  may be invalid, in the absence of this article,

1-14     because of procedural defect.

1-15           Sec. 2.  MATTER VALIDATED, INCLUDING CHARTER, INCORPORATION,

1-16     AND ANNEXATION.   All governmental acts and proceedings of a

1-17     municipality are validated as of the dates on which they occurred.

1-18     This validation includes the validation of a governmental act or

1-19     proceeding relating to:

1-20                 (1)  the adoption or amendment or the attempted

1-21     adoption or amendment of a home-rule charter;

1-22                 (2)  the incorporation or attempted incorporation,

1-23     including an incorporation election, of a municipality under the

1-24     general law and under the aldermanic or commission form of

 2-1     government if the municipality functioned or attempted to function

 2-2     as a municipality since the date of the incorporation or attempted

 2-3     incorporation;

 2-4                 (3)  the annexation or attempted annexation of adjacent

 2-5     territory by a municipality; and

 2-6                 (4)  the extension or attempted extension of a

 2-7     municipality's extraterritorial jurisdiction undertaken at the

 2-8     request of the owners of land.

 2-9           Sec. 3.  SUBSEQUENT ACT OR PROCEEDING VALID.  A governmental

2-10     act or proceeding of a municipality occurring after an act or

2-11     proceeding validated by this article may not be held invalid on the

2-12     ground that the prior act or proceeding, in the absence of this

2-13     article, was invalid.

2-14           Sec. 4.  EXCEPTIONS TO VALIDATION.   This article does not

2-15     validate:

2-16                 (1)  an annexation ordinance if the service plan

2-17     required by Section 43.056 or 43.0565, Local Government Code, is

2-18     not prepared in accordance with that section;

2-19                 (2)  a governmental act or proceeding relating to a

2-20     municipality's annexation or attempted annexation of territory in

2-21     the extraterritorial jurisdiction of another municipality without

2-22     the consent of the other municipality in violation of Chapters 42

2-23     and 43, Local Government Code; or

2-24                 (3)  an ordinance or a regulation of a municipality

2-25     that violates Section 1.06 or 109.57, Alcoholic Beverage Code.

2-26           Sec. 5.  EFFECT OF LITIGATION.   This article does not apply

2-27     to a matter that on the effective date of this article:

 3-1                 (1)  is involved in litigation if the litigation

 3-2     ultimately results in the matter being held invalid by a final

 3-3     judgment of a court of competent jurisdiction; or

 3-4                 (2)  has been held invalid by a final judgment of a

 3-5     court of competent jurisdiction.

 3-6           SECTION 2.  The importance of this legislation and the

 3-7     crowded condition of the calendars in both houses create an

 3-8     emergency and an imperative public necessity that the

 3-9     constitutional rule requiring bills to be read on three several

3-10     days in each house be suspended, and this rule is hereby suspended,

3-11     and that this Act take effect and be in force from and after its

3-12     passage, and it is so enacted.