1-1     By:  Patterson                                         S.B. No. 708

 1-2           (In the Senate - Filed February 21, 1997; February 26, 1997,

 1-3     read first time and referred to Committee on Intergovernmental

 1-4     Relations; March 24, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 11, Nays 0; March 24, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Lindsay

 1-7     Amend S.B. No. 708 by striking the existing SECTION 3 and

 1-8     substituting the following:

 1-9           SECTION 3.  APPLICABILITY.  Section 2 of this Act does not

1-10     apply to:

1-11                 (1)  an act, proceeding, commissioner or official,

1-12     bond, or obligation the validity of which or of whom is the subject

1-13     of litigation that is pending on the effective date of this Act;

1-14                 (2)  an act or proceeding relating to the conveyance by

1-15     a district of any interest in real property that had originally

1-16     been patented or otherwise conveyed to the district by the state if

1-17     such act or proceeding by the district violated any restriction or

1-18     condition of the patent or other conveyance from the state; or

1-19                 (3)  an act or proceeding that violated Section 61.117,

1-20     Water Code.

1-21                            A BILL TO BE ENTITLED

1-22                                   AN ACT

1-23     relating to the validation of all acts, governmental proceedings,

1-24     officials, bonds, and obligations of navigation districts and port

1-25     authorities.

1-26           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-27           SECTION 1.  DEFINITION.  In this Act, "district" means a

1-28     navigation district or a port authority created under Section 52,

1-29     Article III, or Section 59, Article XVI, Texas Constitution, or

1-30     other public port authority.

1-31           SECTION 2.  VALIDATION.  The following are validated and

1-32     confirmed in all respects:

1-33                 (1)  all acts and governmental proceedings of a

1-34     district taken before the effective date of this Act;

1-35                 (2)  all commissioners or other officials of a

1-36     district, whether elected or appointed, who took office before the

1-37     effective date of this Act; and

1-38                 (3)  all bonds and other obligations of a district

1-39     authorized before the effective date of this Act, including all

1-40     proceedings taken before the effective date of this Act that are

1-41     related to those bonds or other obligations, regardless of whether

1-42     the bonds or obligations are:

1-43                       (A)  payable from tax revenue or otherwise; or

1-44                       (B)  issued on or before the effective date of

1-45     this Act.

1-46           SECTION 3.  APPLICABILITY.  Section 2 of this Act does not

1-47     apply to an act, proceeding, commissioner or official, bond, or

1-48     obligation the validity of which or of whom is the subject of

1-49     litigation that is pending on the effective date of this Act.

1-50           SECTION 4.  EMERGENCY.  The importance of this legislation

1-51     and the crowded condition of the calendars in both houses create an

1-52     emergency and an imperative public necessity that the

1-53     constitutional rule requiring bills to be read on three several

1-54     days in each house be suspended, and this rule is hereby suspended,

1-55     and that this Act take effect and be in force from and after its

1-56     passage, and it is so enacted.

1-57                                  * * * * *