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H.B. No. 3262
AN ACT
relating to the validation of a governmental act or proceeding of
the Town of South Padre Island.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Title 28, Revised Statutes, is
amended by adding Article 974d-45 to read as follows:
Art. 974d-45. MUNICIPAL VALIDATION FOR VOLUNTARY
ANNEXATION BY A GENERAL-LAW MUNICIPALITY
Sec. 1. An annexation or attempted annexation by a
general-law municipality that occurred after May 1, 2004, and
before January 1, 2005, and that was initiated by means of a
petition signed by all property owners within the annexed area, is
validated as of the date it occurred.
Sec. 2. This article does not apply to:
(1) an annexation or attempted annexation that, under
a statute of this state, was a misdemeanor or felony at the time the
act or proceeding occurred;
(2) an incorporation or attempted incorporation of a
municipality within the incorporated boundaries or
extraterritorial jurisdiction of another municipality that
occurred without the consent of the other municipality in violation
of Chapter 42 or 43, Local Government Code;
(3) an ordinance that, at the time it was passed, was
preempted by a statute of this state or the United States, including
Section 1.06 or 109.57, Alcoholic Beverage Code; or
(4) a matter that on the effective date of this
article:
(A) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final
judgment of a court; or
(B) has been held invalid by a final judgment of a
court.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3262 was passed by the House on April
29, 2005, by the following vote: Yeas 142, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3262 on May 27, 2005, by the following vote: Yeas 142, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3262 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor