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.