AN ACT
1-1 relating to the validation of all acts, governmental proceedings,
1-2 officials, bonds, and obligations of navigation districts and port
1-3 authorities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITION. In this Act, "district" means a
1-6 navigation district or a port authority created under Section 52,
1-7 Article III, or Section 59, Article XVI, Texas Constitution, or
1-8 other public port authority.
1-9 SECTION 2. VALIDATION. The following are validated and
1-10 confirmed in all respects:
1-11 (1) all acts and governmental proceedings of a
1-12 district not excepted in this Act taken before March 1, 1999, are
1-13 validated as of the dates on which they occurred;
1-14 (2) all commissioners or other officials of a
1-15 district, whether elected or appointed, who took office before the
1-16 effective date of this Act; and
1-17 (3) all bonds and other obligations of a district
1-18 authorized before the effective date of this Act, including all
1-19 proceedings taken before the effective date of this Act that are
1-20 related to those bonds or other obligations, regardless of whether
1-21 the bonds or obligations are:
1-22 (A) payable from tax revenue or otherwise; or
1-23 (B) issued on or before the effective date of
1-24 this Act.
2-1 SECTION 3. APPLICABILITY. (a) Section 2 of this Act does
2-2 not apply to:
2-3 (1) an act, proceeding, commissioner or official,
2-4 bond, or obligation the validity of which or of whom is the subject
2-5 of litigation that is pending on the effective date of this Act;
2-6 (2) an act or proceeding relating to the conveyance by
2-7 a district of any interest in real property that had originally
2-8 been patented or otherwise conveyed to the district by the state if
2-9 such act or proceeding by the district violated any restriction or
2-10 condition of the patent or other conveyance from the state; or
2-11 (3) an act or proceeding that violated Section 61.117,
2-12 Water Code.
2-13 (b) This Act does not validate any governmental acts or
2-14 proceedings which, under the statutes of this state at the time the
2-15 acts or proceedings occurred, were a misdemeanor or a felony.
2-16 SECTION 4. EMERGENCY. The importance of this legislation
2-17 and the crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force from and after its
2-22 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 296 passed the Senate on
April 8, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 296 passed the House on
May 22, 1999, by the following vote: Yeas 144, Nays 0, two present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor