SRC-JBJ H.B. 1847 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1847
76R6442 MI-DBy: Hill (Madla)
Intergovernmental Relations
5/14/1999
Engrossed


DIGEST 

From 1934 to 1997, the Texas Legislature regularly passed statutes that
validated certain actions taken by cities.  Some validation statutes have
been very specific and validated particular actions of cities, such as bond
elections or incorporations, while most are general validating statutes
pertaining to all cities.  The purpose of this type of legislation is to
provide some defense to governmental actions that are valid and within the
entity's authority to act, but that were enacted incorrectly from a
procedural or clerical standpoint.  H.B. 1847 would provide this same type
of protection to districts operating under Chapters 36 or 49 of the Water
Code such as groundwater conservation districts, municipal utility
districts, irrigation districts, river authorities, or drainage districts.

PURPOSE

As proposed, H.B. 1847 would provide certain types of protection to
districts operating under the Water Code. 

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 36D, Water Code, by adding Section 36.123, as
follows: 

Sec.  36.123.  DISTRICT ACT OR PROCEEDING PRESUMED VALID.  Provides that a
governmental act or proceeding of a district is conclusively presumed valid
and to have occurred in accordance with all applicable statutes and rules
if one year has passed since the act occurred and there has not been a
lawsuit filed to annul or invalidate the act within that year.  Provides
that this section does not apply to specified acts, rules, or proceedings,
including matters involved in certain litigation or that have been held
invalid by a final judgment of a court. 

SECTION 2.  Amends Chapter 49H, Water Code, by adding Section 49.233, as
follows: 

Sec.  49.233.  DISTRICT ACT OR PROCEEDING PRESUMED VALID.  Defines
"district."  Provides that a governmental act or proceeding of a district
is conclusively presumed valid and to have occurred in accordance with all
applicable statutes and rules if one year has passed since the act occurred
and there has not been a lawsuit filed to annul or invalidate the act
within that year.  Provides that this section does not apply to specified
acts, rules, or proceedings, including matters involved, which on the
effective date of this section are in litigation or that have been held
invalid by a final judgment of a court. 

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