By Gutierrez, Solis, Flores, Cuellar, H.B. No. 2528
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the validation of acts and proceedings of South Texas
1-3 Community College.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 130, Education Code, is
1-6 amended by adding Section 130.0312 to read as follows:
1-7 Sec. 130.0312. VALIDATION OF CERTAIN ACTS AND PROCEEDINGS.
1-8 (a) All governmental acts and proceedings of South Texas Community
1-9 College not excepted from the application of this section by
1-10 another provision of this section that were taken before March 1,
1-11 1997, are validated as of the dates on which they occurred.
1-12 (b) This section does not validate any governmental act or
1-13 proceeding that, under the statutes of this state in effect at the
1-14 time the act or proceeding occurred, constituted an offense
1-15 punishable as a misdemeanor or a felony.
1-16 (c) The acts and proceedings relating to the confirmation
1-17 proceedings of South Texas Community College are validated as of
1-18 the date of the confirmation or a good faith attempt at
1-19 confirmation. The confirmation of South Texas Community College
1-20 under Section 130.0311 may not be held invalid by the fact of any
1-21 procedural defects in the election proceedings or confirmation
1-22 proceedings required under Section 130.0311.
1-23 (d) All governmental acts and proceedings of the board of
1-24 trustees of South Texas Community College or of an officer or
1-25 employee of the college during the transfer of the property or
2-1 obligations from the McAllen extension center of the Texas State
2-2 Technical College System to South Texas Community College and each
2-3 act or proceeding taken or conducted since the confirmation of
2-4 South Texas Community College are validated as of the dates on
2-5 which they occurred.
2-6 (e) This section does not apply to any matter that on the
2-7 effective date of this section:
2-8 (1) is involved in litigation if the litigation
2-9 ultimately results in the matter being held invalid by a final
2-10 judgment of a court of competent jurisdiction; or
2-11 (2) has been held invalid by a final judgment of a
2-12 court of competent jurisdiction.
2-13 SECTION 2. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.