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.