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. 1-57 * * * * *