By Hill                                                H.B. No. 485
         76R2799 MRB-D                           
                                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 valid and to have occurred in accordance with
 1-9     all applicable statutes and ordinances if:
1-10                 (1)  the first anniversary of the effective date of the
1-11     act or proceeding has expired; and
1-12                 (2)  a lawsuit to annul or invalidate the act or
1-13     proceeding has not been filed on or before that first anniversary.
1-14           (b)  This section does not apply to:
1-15                 (1)  an act or proceeding that was void at the time it
1-16     occurred;
1-17                 (2)  an act or proceeding that, under a statute of this
1-18     state or the United States, was a misdemeanor or felony at the time
1-19     the act or proceeding occurred;
1-20                 (3)  an incorporation or attempted incorporation by a
1-21     municipality of territory within the incorporated boundaries  or
1-22     extraterritorial jurisdiction of another municipality that occurred
1-23     without the consent of the other municipality in violation of
1-24     Chapter 42 or 43;
 2-1                 (4)  an ordinance that, at the time it was passed, was
 2-2     preempted by a statute of this state or the United States,
 2-3     including Section 1.06 or 109.57, Alcoholic Beverage Code; or
 2-4                 (5)  a matter that on the effective date of this
 2-5     section:
 2-6                       (A)  is involved in litigation if the litigation
 2-7     ultimately results in the matter being held invalid by a final
 2-8     judgment of a court; or
 2-9                       (B)  has been held invalid by a final judgment of
2-10     a court.
2-11           SECTION 2.  The importance of this legislation and the
2-12     crowded condition of the calendars in both houses create an
2-13     emergency and an imperative public necessity that the
2-14     constitutional rule requiring bills to be read on three several
2-15     days in each house be suspended, and this rule is hereby suspended,
2-16     and that this Act take effect and be in force from and after its
2-17     passage, and it is so enacted.