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. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 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. 1-21 Sec. 2. MATTER VALIDATED, INCLUDING CHARTER, INCORPORATION, 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. 2-6 * * * * *