1-1     By:  Lucio                                            S.B. No. 1454

 1-2           (In the Senate - Filed March 13, 1997; March 19, 1997, read

 1-3     first time and referred to Committee on Intergovernmental

 1-4     Relations; April 1, 1997, reported favorably by the following vote:

 1-5     Yeas 11, Nays 0; April 1, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the validation of a governmental act or proceeding of a

 1-9     municipality.


1-11           SECTION 1.  Chapter 1, Title 28, Revised Statutes, is amended

1-12     by adding Article 974d-45 to read as follows:

1-13           Art. 974d-45.  GENERAL MUNICIPAL VALIDATION

1-14           Sec. 1.  APPLICATION.  This article validates only a

1-15     governmental act or proceeding that:

1-16                 (1)  was an act or proceeding of a municipality

1-17     operating under the general law or a home-rule charter;

1-18                 (2)  occurred before March 1, 1997; and

1-19                 (3)  may be invalid, in the absence of this article,

1-20     because of procedural defect.


1-22     AND ANNEXATION.  All governmental acts and proceedings of a

1-23     municipality are validated as of the dates on which they occurred.

1-24     This validation includes the validation of a governmental act or

1-25     proceeding relating to:

1-26                 (1)  the adoption or amendment or the attempted

1-27     adoption or amendment of a home-rule charter;

1-28                 (2)  the incorporation or attempted incorporation,

1-29     including an incorporation election, of a municipality under the

1-30     general law and under the aldermanic or commission form of

1-31     government if the municipality functioned or attempted to function

1-32     as a municipality since the date of the incorporation or attempted

1-33     incorporation;

1-34                 (3)  the annexation or attempted annexation of adjacent

1-35     territory by a municipality; and

1-36                 (4)  the extension or attempted extension of a

1-37     municipality's extraterritorial jurisdiction undertaken at the

1-38     request of the owners of land.

1-39           Sec. 3.  SUBSEQUENT ACT OR PROCEEDING VALID. A governmental

1-40     act or proceeding of a municipality occurring after an act or

1-41     proceeding validated by this article may not be held invalid on the

1-42     ground that the prior act or proceeding, in the absence of this

1-43     article, was invalid.

1-44           Sec. 4.  EXCEPTIONS TO VALIDATION.  This article does not

1-45     validate:

1-46                 (1)  an annexation ordinance if the service plan

1-47     required by Section 43.056 or 43.0565, Local Government Code, is

1-48     not prepared in accordance with that section;

1-49                 (2)  a governmental act or proceeding relating to a

1-50     municipality's annexation or attempted annexation of territory in

1-51     the extraterritorial jurisdiction of another municipality without

1-52     the consent of the other municipality in violation of Chapters 42

1-53     and 43, Local Government Code; or

1-54                 (3)  an ordinance or a regulation of a municipality

1-55     that violates Section 1.06 or 109.57, Alcoholic Beverage Code.

1-56           Sec. 5.  EFFECT OF LITIGATION.  This article does not apply

1-57     to a matter that on the effective date of this article:

1-58                 (1)  is involved in litigation if the litigation

1-59     ultimately results in the matter being held invalid by a final

1-60     judgment of a court of competent jurisdiction; or

1-61                 (2)  has been held invalid by a final judgment of a

1-62     court of competent jurisdiction.

1-63           SECTION 2.  The importance of this legislation and the

1-64     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

 2-2     constitutional rule requiring bills to be read on three several

 2-3     days in each house be suspended, and this rule is hereby suspended,

 2-4     and that this Act take effect and be in force from and after its

 2-5     passage, and it is so enacted.

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