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.