1-1     By:  Hill, Clark, et al. (Senate Sponsor - Madla)      H.B. No. 485
 1-2           (In the Senate - Received from the House May 4, 1999;
 1-3     May 5, 1999, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 14, 1999, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 4, Nays
 1-6     0; May 14, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 485                    By:  Madla
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the validation of a municipal act or proceeding.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Chapter 1, Title 28, Revised Statutes, is amended
1-13     by adding Article 974d-45 to read as follows:
1-14           Art. 974d-45.  VALIDATION OF MUNICIPAL ACT OR PROCEEDING
1-15           Sec. 1.  VALIDATION.  A governmental act or proceeding of a
1-16     municipality that occurred before May 1, 1999, is validated as of
1-17     the date it occurred.
1-18           Sec. 2.  SUBSEQUENT ACT OR PROCEEDING.  A governmental act or
1-19     proceeding of a municipality occurring after an act or proceeding
1-20     validated by this article may not be held invalid on the ground
1-21     that the prior act or proceeding, in the absence of this article,
1-22     was invalid.
1-23           Sec. 3.  EXEMPTIONS.  This article does not apply to:
1-24                 (1)  an act or proceeding that was void at the time it
1-25     occurred;
1-26                 (2)  an act or proceeding that, under a statute of this
1-27     state or the United States, was a misdemeanor or felony at the time
1-28     the act or proceeding occurred;
1-29                 (3)  an incorporation or attempted incorporation of a
1-30     municipality, or an annexation or attempted annexation of territory
1-31     by a municipality, within the incorporated boundaries  or
1-32     extraterritorial jurisdiction of another municipality that occurred
1-33     without the consent of the other municipality in violation of
1-34     Chapter 42 or 43;
1-35                 (4)  an ordinance that, at the time it was passed, was
1-36     preempted by a statute of this state or the United States,
1-37     including Section 1.06 or 109.57, Alcoholic Beverage Code; or
1-38                 (5)  a matter that on the effective date of this
1-39     article:
1-40                       (A)  is involved in litigation if the litigation
1-41     ultimately results in the matter being held invalid by a final
1-42     judgment of a court; or
1-43                       (B)  has been held invalid by a final judgment of
1-44     a court.
1-45           SECTION 2.  This Act takes effect only if, and on the date
1-46     that, Senate Bill 89, Acts of the 76th Legislature, Regular
1-47     Session, 1999, becomes law as provided by Section 14, Article IV,
1-48     Texas Constitution.  If Senate Bill 89 does not become law, this
1-49     Act has no effect.
1-50           SECTION 3.  The importance of this legislation and the
1-51     crowded condition of the calendars in both houses create an
1-52     emergency and an imperative public necessity that the
1-53     constitutional rule requiring bills to be read on three several
1-54     days in each house be suspended, and this rule is hereby suspended,
1-55     and that this Act take effect and be in force according to its
1-56     terms, and it is so enacted.
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