1-1     By:  Gutierrez, et al. (Senate Sponsor - Lucio)       H.B. No. 2528

 1-2           (In the Senate - Received from the House April 27, 1997;

 1-3     April 29, 1997, read first time and referred to Committee on

 1-4     Education; May 5, 1997, reported favorably by the following vote:

 1-5     Yeas 8, Nays 0; May 5, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the validation of acts and proceedings of South Texas

 1-9     Community College.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter C, Chapter 130, Education Code, is

1-12     amended by adding Section 130.0312 to read as follows:

1-13           Sec. 130.0312.  VALIDATION OF CERTAIN ACTS AND PROCEEDINGS.

1-14     (a)  All governmental acts and proceedings of South Texas Community

1-15     College not excepted from the application of this section by

1-16     another provision of this section that were taken before March 1,

1-17     1997, are validated as of the dates on which they occurred.

1-18           (b)  This section does not validate any governmental act or

1-19     proceeding that, under the statutes of this state in effect at the

1-20     time the act or proceeding occurred, constituted an offense

1-21     punishable as a misdemeanor or a felony.

1-22           (c)  The acts and proceedings relating to the confirmation

1-23     proceedings of South Texas Community College are validated as of

1-24     the date of the confirmation or a good faith attempt at

1-25     confirmation. The confirmation of South Texas Community College

1-26     under Section 130.0311 may not be held invalid by the fact of any

1-27     procedural defects in the election proceedings or confirmation

1-28     proceedings required under Section 130.0311.

1-29           (d)  All governmental acts and proceedings of the board of

1-30     trustees of South Texas Community College or of an officer or

1-31     employee of the college during the transfer of the property or

1-32     obligations from the McAllen extension center of the Texas State

1-33     Technical College System to South Texas Community College and each

1-34     act or proceeding taken or conducted since the confirmation of

1-35     South Texas Community College are validated as of the dates on

1-36     which they occurred.

1-37           (e)  This section does not apply to any matter that on the

1-38     effective date of this section:

1-39                 (1)  is involved in litigation if the litigation

1-40     ultimately results in the matter being held invalid by a final

1-41     judgment of a court of competent jurisdiction; or

1-42                 (2)  has been held invalid by a final judgment of a

1-43     court of competent jurisdiction.

1-44           SECTION 2.  The importance of this legislation and the

1-45     crowded condition of the calendars in both houses create an

1-46     emergency and an imperative public necessity that the

1-47     constitutional rule requiring bills to be read on three several

1-48     days in each house be suspended, and this rule is hereby suspended,

1-49     and that this Act take effect and be in force from and after its

1-50     passage, and it is so enacted.

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