By:  Escobar                                                      H.B. No. 3262



A BILL TO BE ENTITLED

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 _______ to read as follows:
	Art. ____.  MUNICIPAL VALIDATION FOR TOWN OF SOUTH PADRE 
ISLAND.  Sec. 1.  An annexation or attempted annexation by the Town 
of South Padre Island that occurred after May 1, 2004 and before 
January 1, 2005 is validated as of the date it occurred.
	Sec. 2.  This article does not apply to:                                
		(1)  an annexation or attempted annexation that was 
void at the time it occurred;
		(2)  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;
		(3)  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;
		(4)  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
		(5)  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.