BILL ANALYSIS
Senate Research Center H.B. 1097
79R5463 HLT-F By: Bonnen (Williams)
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
H.B. 1097 validates the acts and proceedings of the governing board of navigation districts and public port authorities to reduce litigation and ensure the timely completion of projects. This session, two corporations of ports will be added to the validation bill: local government corporations and port development corporations. H.B. 1097 prevents work stoppage on projects that would have been hampered by minor technicalities and may assist ports achieve lower insurance costs and better credit ratings.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. DEFINITION. Defines "district."
SECTION 2. VALIDATION. Provides that any act or governmental proceeding of a district not excepted in this Act taken before March 1, 2005, as of the date which it occurred; any commissioner or other official of a district, whether elected or appointed, who took office before the effective date of this Act; and certain bonds 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, are validated and confirmed in all respects.
SECTION 3. APPLICABILITY. (a) Provides that Section 2 of this Act does not apply to certain acts or proceedings, a 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.
(b) Provides that 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. Effective date: September 1, 2005.