1-1 AN ACT
1-2 relating to the presumed validity of a municipal act or proceeding.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 51, Local Government Code,
1-5 is amended by adding Section 51.003 to read as follows:
1-6 Sec. 51.003. MUNICIPAL ACT OR PROCEEDING PRESUMED VALID.
1-7 (a) A governmental act or proceeding of a municipality is
1-8 conclusively presumed, as of the date it occurred, to be valid and
1-9 to have occurred in accordance with all applicable statutes and
1-10 ordinances if:
1-11 (1) the third anniversary of the effective date of the
1-12 act or proceeding has expired; and
1-13 (2) a lawsuit to annul or invalidate the act or
1-14 proceeding has not been filed on or before that third anniversary.
1-15 (b) This section does not apply to:
1-16 (1) an act or proceeding that was void at the time it
1-17 occurred;
1-18 (2) an act or proceeding that, under a statute of this
1-19 state or the United States, was a misdemeanor or felony at the time
1-20 the act or proceeding occurred;
1-21 (3) an incorporation or attempted incorporation of a
1-22 municipality, or an annexation or attempted annexation of territory
1-23 by a municipality, within the incorporated boundaries or
1-24 extraterritorial jurisdiction of another municipality that occurred
2-1 without the consent of the other municipality in violation of
2-2 Chapter 42 or 43;
2-3 (4) an ordinance that, at the time it was passed, was
2-4 preempted by a statute of this state or the United States,
2-5 including Section 1.06 or 109.57, Alcoholic Beverage Code; or
2-6 (5) a matter that on the effective date of this
2-7 section:
2-8 (A) is involved in litigation if the litigation
2-9 ultimately results in the matter being held invalid by a final
2-10 judgment of a court; or
2-11 (B) has been held invalid by a final judgment of
2-12 a court.
2-13 SECTION 2. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 485 was passed by the House on May 3,
1999, by the following vote: Yeas 138, Nays 1, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 485 on May 26, 1999, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 485 on May 30, 1999, by the following vote: Yeas 137,
Nays 4, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 485 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
485 on May 30, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor