HBA-RBT H.B. 1847 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1847
By: Hill
Natural Resources
3/27/1999
Introduced



BACKGROUND AND PURPOSE 

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 provides 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.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 36, 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 litigation or that have been held invalid by
a final judgment of a court on the effective date of this section. 

SECTION 2.  Amends Subchapter H, Chapter 49, 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 in litigation or
that have been held invalid by a final judgment of a court on the effective
date of this section. 

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