76R9050 E By Hill, Clark H.B. No. 485 Substitute the following for H.B. No. 485: By Hill C.S.H.B. No. 485 A BILL TO BE ENTITLED 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) it occurred before March 1, 1999; and 1-12 (2) on or before March 1, 1999, litigation has not 1-13 been filed that ultimately results in the act or proceeding being 1-14 held invalid by a final judgment of a court. 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.