By: Lucio S.B. No. 1454
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the validation of a governmental act or proceeding of a
1-2 municipality.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 1, Title 28, Revised Statutes, is amended
1-5 by adding Article 974d-45 to read as follows:
1-6 Art. 974d-45. GENERAL MUNICIPAL VALIDATION
1-7 Sec. 1. APPLICATION. This article validates only a
1-8 governmental act or proceeding that:
1-9 (1) was an act or proceeding of a municipality
1-10 operating under the general law or a home-rule charter;
1-11 (2) occurred before March 1, 1997; and
1-12 (3) may be invalid, in the absence of this article,
1-13 because of procedural defect.
1-14 Sec. 2. MATTER VALIDATED, INCLUDING CHARTER, INCORPORATION,
1-15 AND ANNEXATION. All governmental acts and proceedings of a
1-16 municipality are validated as of the dates on which they occurred.
1-17 This validation includes the validation of a governmental act or
1-18 proceeding relating to:
1-19 (1) the adoption or amendment or the attempted
1-20 adoption or amendment of a home-rule charter;
1-21 (2) the incorporation or attempted incorporation,
1-22 including an incorporation election, of a municipality under the
1-23 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.
3-1 Sec. 5. EFFECT OF LITIGATION. This article does not apply
3-2 to a matter that on the effective date of this article:
3-3 (1) is involved in litigation if the litigation
3-4 ultimately results in the matter being held invalid by a final
3-5 judgment of a court of competent jurisdiction; or
3-6 (2) has been held invalid by a final judgment of a
3-7 court of competent jurisdiction.
3-8 SECTION 2. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.