78R5302 RCJ-F

By:  Janek                                                        S.B. No. 553

relating to the validation of any act, governmental proceeding, official, bond, or obligation of a navigation district or port authority. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. DEFINITION. In this Act, "district" means a navigation district or port authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, or other public port authority. SECTION 2. VALIDATION. The following are validated and confirmed in all respects: (1) any act or governmental proceeding of a district not excepted in this Act taken before March 1, 2003, is validated as of the date on which it occurred; (2) any commissioner or other official of a district, whether elected or appointed, who took office before the effective date of this Act; and (3) any bond or other obligation of a district authorized before the effective date of this Act, including any proceeding taken before the effective date of this Act that is related to that bond or other obligation, regardless of whether the bond or obligation is: (A) payable from tax revenue or otherwise; or (B) issued on or before the effective date of this Act. SECTION 3. APPLICABILITY. (a) Section 2 of this Act does not apply to: (1) an act, proceeding, commissioner, other official, bond, or other obligation the validity of which or of whom is the subject of litigation that is pending on the effective date of this Act; (2) an act or proceeding relating to the conveyance by a district of any interest in real property that had originally been patented or otherwise conveyed to the district by the state if the act or proceeding by the district violated a restriction or condition of the patent or other conveyance from the state; or (3) an act or proceeding that violated Section 61.117, Water Code. (b) This Act does not validate any governmental act or proceeding that, under the law of this state at the time the act or proceeding occurred, was a misdemeanor or a felony. SECTION 4. EFFECTIVE DATE. This Act takes effect September 1, 2003.