By Capelo                                              H.B. No. 790
         76R3430 MRB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the validation of a governmental act or proceeding of a
 1-3     municipality.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 1, Title 28, Revised Statutes, is amended
 1-6     by adding Article 974d-45 to read as follows:
 1-7           Art. 974d-45.  GENERAL MUNICIPAL VALIDATION
 1-8           Sec. 1.  A governmental act or proceeding of a municipality,
 1-9     including a charter adoption, charter amendment, annexation,
1-10     attempted annexation, disannexation, and attempted disannexation,
1-11     that occurred before June 1, 1999, is validated as of the date it
1-12     occurred.
1-13           Sec. 2.  This article does not apply to:
1-14                 (1)  an act or proceeding that was void at the time it
1-15     occurred;
1-16                 (2)  an act or proceeding that, under a statute of this
1-17     state, was a misdemeanor or felony at the time the act or
1-18     proceeding occurred;
1-19                 (3)  an incorporation or attempted incorporation of a
1-20     municipality within the incorporated boundaries  or
1-21     extraterritorial jurisdiction of another municipality that occurred
1-22     without the consent of the other municipality in violation of
1-23     Chapter 42 or 43,  Local Government Code;
1-24                 (4)  an ordinance that, at the time it was passed, was
 2-1     preempted by a statute of this state or the United States,
 2-2     including Section 1.06 or 109.57, Alcoholic Beverage Code; or
 2-3                 (5)  a matter that on the effective date of this
 2-4     article:
 2-5                       (A)  is involved in litigation if the litigation
 2-6     ultimately results in the matter being held invalid by a final
 2-7     judgment of a court; or
 2-8                       (B)  has been held invalid by a final judgment of
 2-9     a court.
2-10           SECTION 2.  The importance of this legislation and the
2-11     crowded condition of the calendars in both houses create an
2-12     emergency and an imperative public necessity that the
2-13     constitutional rule requiring bills to be read on three several
2-14     days in each house be suspended, and this rule is hereby suspended,
2-15     and that this Act take effect and be in force from and after its
2-16     passage, and it is so enacted.