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.