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


Senate Research CenterC.S.H.B. 485
By: Hill (Madla)
Intergovernmental Relations
5/13/1999
Committee Report (Substituted)


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.  C.S.H.B. 485 would
establish conditions regarding the presumed validity of a municipal act or
proceeding. 
 
PURPOSE

As proposed, C.S.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 1, Title 28, V.T.C.S., by adding Article
974d-45, as follows: 

Art. 974d-45.  VALIDATION OF MUNICIPAL ACT OR PROCEEDING

Sec. 1.  VALIDATION.  Provides that a governmental act or proceeding  of a
municipality that occurred before May 1, 1999, is validated as of the date
it occurred. 

Sec. 2.  SUBSEQUENT ACT OR PROCEEDING.  Prohibits that a validated
governmental act or proceeding from being held invalid on the ground that
the prior act or proceeding was invalid. 

 Sec. 3.  EXEMPTIONS.  Sets forth acts or proceedings for which this
article does not apply. 
 
SECTION 2.  Provides that this Act takes effect only if, and on the date
that, Senate Bill 89, Acts of the 76th Legislature, Regular Session, 1999,
becomes law as provided by Section 14, Article IV, Texas Constitution.
Establishes that if Senate Bill 89 does not become law, this Act has no
effect. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.