By:  Escobar (Senate Sponsor - Lucio)                             H.B. No. 3262
	(In the Senate - Received from the House May 2, 2005; 
May 3, 2005, read first time and referred to Committee on 
Intergovernmental Relations; May 20, 2005, reported adversely, 
with favorable Committee Substitute by the following vote:  Yeas 4, 
Nays 0; May 20, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 3262                                   By:  Deuell


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 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 immediately effect, 
this Act takes effect September 1, 2005.



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