SRC-JJJ H.B. 485 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 485
By: Hill (Madla)
Intergovernmental Relations
5/6/1999
Engrossed


DIGEST 

The Texas Legislature has often passed statutes for the purpose of
validating certain actions taken by cities regarding the adoption of home
rule charters, and incorporation and annexation proceedings, but which
specifically  exclude validation of any illegal act or any transaction in
litigation at the time of passage of the statute.  H.B. 485 would establish
conditions regarding the presumed validity of a municipal act or
proceeding. 
 
PURPOSE

As proposed, H.B. 485 establishes conditions regarding the presumed
validity of a municipal act or proceeding. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 51A, Local Government Code, by adding Section
51.003, as follows: 

Sec. 51.003.  MUNICIPAL ACT OR PROCEEDING PRESUMED VALID.  Provides that a
governmental act or proceeding of a municipality is conclusively presumed,
as of the date it occurred, to be valid and to have occurred in accordance
with all applicable statutes and ordinances if certain conditions exist.
Sets forth provisions to which this section does not apply.   
 
SECTION 2.  Emergency clause.
  Effective date: upon passage.