By Gutierrez, Solis, Flores, Cuellar, Dunnam          H.B. No. 2528

         75R3569 CAG-D                           

                                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 taken or conducted after August 30, 1993,  that may

1-10     otherwise be invalid or void because of procedural defects are

1-11     validated as of the date each act or proceeding occurred.

1-12           (b)  The acts and proceedings relating to the confirmation

1-13     proceedings of South Texas Community College are validated as of

1-14     the date of the confirmation or a good faith attempt at

1-15     confirmation. The confirmation of South Texas Community College

1-16     under Section 130.0311 may not be held invalid by the fact of any

1-17     procedural defects in the election proceedings or confirmation

1-18     proceedings required under Section 130.0311.

1-19           (c)  All governmental acts and proceedings of the board of

1-20     trustees of South Texas Community College or of an officer or

1-21     employee of the college during the transfer of the property or

1-22     obligations from the McAllen extension center of the Texas State

1-23     Technical College System to South Texas Community College and each

1-24     act or proceeding taken or conducted since the confirmation of

 2-1     South Texas Community College are validated as of the dates on

 2-2     which they occurred.

 2-3           (d)  This section does not apply to any matter that on the

 2-4     effective date of this section:

 2-5                 (1)  is involved in litigation if the litigation

 2-6     ultimately results in the matter being held invalid by a final

 2-7     judgment of a court of competent jurisdiction; or

 2-8                 (2)  has been held invalid by a final judgment of a

 2-9     court of competent jurisdiction.

2-10           SECTION 2.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended,

2-15     and that this Act take effect and be in force from and after its

2-16     passage, and it is so enacted.

2-17                          COMMITTEE AMENDMENT NO. 1

2-18           Amend H.B. No. 2528 as follows:

2-19           (1)  On page 1, strike lines 8-11 and substitute:

2-20     (a)  All governmental acts and proceedings of South Texas Community

2-21     College not excepted from the application of this section by

2-22     another provision of this section that were taken before March 1,

2-23     1997, are validated as of the dates on which they occurred.

2-24           (b)  This section does not validate any governmental act or

2-25     proceeding that, under the statutes of this state in effect at the

2-26     time the act or proceeding occurred, constituted an offense

2-27     punishable as a misdemeanor or a felony.

 3-1           (2)  On page 1, line 12, strike "(b)" and substitute "(c)".

 3-2           (3)  On page 1, line 19, strike "(c)" and substitute "(d)".

 3-3           (4)  On page 2, line 3, strike "(d)" and substitute "(e)".

 3-4     75R12318 CAG-D                                               Bailey