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A BILL TO BE ENTITLED
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AN ACT
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relating to the validation of a home-rule charter for certain |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The home-rule charter of a general-law |
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municipality that by an election adopted a home-rule charter after |
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June 1, 2009, and before December 31, 2009, is validated as of the |
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date of the election. |
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(b) This section does not apply to: |
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(1) the adoption of a home-rule charter or the |
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attempted adoption of a home-rule charter that, under a statute of |
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this state, was a misdemeanor or felony at the time the act or |
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proceeding occurred; |
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(2) the adoption of a home-rule charter by a |
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municipality that was incorporated or attempted to incorporate |
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within the incorporated boundaries or extraterritorial |
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jurisdiction of another municipality that occurred without the |
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consent of the other municipality in violation of Chapter 42 or 43, |
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Local Government Code; |
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(3) an action that was premised on an ordinance that, |
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at the time it was passed, was preempted by a statute of this state |
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or the United States, including Section 1.06 or 109.57, Alcoholic |
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Beverage Code; or |
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(4) a matter that on the effective date of this |
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section: |
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(A) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final |
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judgment of a court; or |
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(B) has been held invalid by a final judgment of a |
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court. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |