BILL ANALYSIS

 

 

                                                                                                                                      C.S.H.B. 679

                                                                                                                                      By: Swinford

                                                                                                                                      Urban Affairs

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

In 2003, the 78th Texas Legislature enacted legislation that created the Downtown Midland Management District as a special district created under Article XVI, Section 59, of the Texas Constitution.  Since its creation, the District has purchased several properties and is beginning the expensive process of demolishing buildings in the downtown area.  The purpose of the proposed committee substitute for House Bill No. 679 is to validate certain acts of the District from June 19, 2005, to April 1, 2007, including the purchase and sale of real property.  The legislation which created the District is now codified at Chapter 3821 of the Special District Local Laws Code.

 

 

RULEMAKING AUTHORITY

 

It is the opinion of the committee that the proposed committee substitute for House Bill No. 679 does not expressly grant any additional rulemaking authority to the state officer, department, agency or institution.

 

 

SECTION-BY-SECTION ANALYSIS

 

SECTION 1.  Provides that the following are validated since June 19, 2005:

 

(a)  All governmental acts and proceedings of the Downtown Midland Management District from June 19, 2005, to April 1, 2007, including acts and proceedings related to the purchase or sale of real property by the district, are validated as of the dates on which they occurred.

 

(b)  Provides that this section does not apply to any matter that on the effective date of this Act:

 

(1)  is involved in litigation ultimately results in the matter being held invalid by a final court judgment; or

 

(2)  has been held invalid by a final court judgment.

 

SECTION 2.  Effective date upon passage or September 1, 2007.

 

 

EFFECTIVE DATE

 

Effective date upon passage or September 1, 2007.

 

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The proposed substitute for House Bill No. 679 would add April 1, 2007, as an ending date for the validation process.  Without that ending date, the validation process would extend into the future in perpetuity.  The original bill, by contrast, contained only a beginning date and no ending date.