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