| 1 | 1 | | 82R3848 MXM-F |
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| 2 | 2 | | By: Lozano H.B. No. 2082 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the validation of a home-rule charter for certain |
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| 8 | 8 | | municipalities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. (a) The home-rule charter of a general-law |
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| 11 | 11 | | municipality that by an election adopted a home-rule charter after |
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| 12 | 12 | | June 1, 2009, and before December 31, 2009, is validated as of the |
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| 13 | 13 | | date of the election. |
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| 14 | 14 | | (b) This section does not apply to: |
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| 15 | 15 | | (1) the adoption of a home-rule charter or the |
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| 16 | 16 | | attempted adoption of a home-rule charter that, under a statute of |
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| 17 | 17 | | this state, was a misdemeanor or felony at the time the act or |
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| 18 | 18 | | proceeding occurred; |
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| 19 | 19 | | (2) the adoption of a home-rule charter by a |
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| 20 | 20 | | municipality that was incorporated or attempted to incorporate |
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| 21 | 21 | | within the incorporated boundaries or extraterritorial |
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| 22 | 22 | | jurisdiction of another municipality that occurred without the |
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| 23 | 23 | | consent of the other municipality in violation of Chapter 42 or 43, |
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| 24 | 24 | | Local Government Code; |
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| 25 | 25 | | (3) an action that was premised on an ordinance that, |
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| 26 | 26 | | at the time it was passed, was preempted by a statute of this state |
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| 27 | 27 | | or the United States, including Section 1.06 or 109.57, Alcoholic |
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| 28 | 28 | | Beverage Code; or |
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| 29 | 29 | | (4) a matter that on the effective date of this |
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| 30 | 30 | | section: |
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| 31 | 31 | | (A) is involved in litigation if the litigation |
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| 32 | 32 | | ultimately results in the matter being held invalid by a final |
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| 33 | 33 | | judgment of a court; or |
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| 34 | 34 | | (B) has been held invalid by a final judgment of a |
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| 35 | 35 | | court. |
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| 36 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2011. |
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