By Lucio S.B. No. 1454 75R5116 MRB-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the validation of a governmental act or proceeding of a 1-3 municipality. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 1, Title 28, Revised Statutes, is amended 1-6 by adding Article 974d-45 to read as follows: 1-7 Art. 974d-45. GENERAL MUNICIPAL VALIDATION 1-8 Sec. 1. APPLICATION. This article validates only a 1-9 governmental act or proceeding that: 1-10 (1) was an act or proceeding of a municipality 1-11 operating under the general law or a home-rule charter; 1-12 (2) occurred before March 1, 1997; and 1-13 (3) may be invalid, in the absence of this article, 1-14 because of procedural defect. 1-15 Sec. 2. MATTER VALIDATED, INCLUDING CHARTER, INCORPORATION, 1-16 AND ANNEXATION. All governmental acts and proceedings of a 1-17 municipality are validated as of the dates on which they occurred. 1-18 This validation includes the validation of a governmental act or 1-19 proceeding relating to: 1-20 (1) the adoption or amendment or the attempted 1-21 adoption or amendment of a home-rule charter; 1-22 (2) the incorporation or attempted incorporation, 1-23 including an incorporation election, of a municipality under the 1-24 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. 2-26 Sec. 5. EFFECT OF LITIGATION. This article does not apply 2-27 to a matter that on the effective date of this article: 3-1 (1) is involved in litigation if the litigation 3-2 ultimately results in the matter being held invalid by a final 3-3 judgment of a court of competent jurisdiction; or 3-4 (2) has been held invalid by a final judgment of a 3-5 court of competent jurisdiction. 3-6 SECTION 2. The importance of this legislation and the 3-7 crowded condition of the calendars in both houses create an 3-8 emergency and an imperative public necessity that the 3-9 constitutional rule requiring bills to be read on three several 3-10 days in each house be suspended, and this rule is hereby suspended, 3-11 and that this Act take effect and be in force from and after its 3-12 passage, and it is so enacted.