82R3848 MXM-F
By: Lozano H.B. No. 2082
A BILL TO BE ENTITLED
AN ACT
relating to the validation of a home-rule charter for certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The home-rule charter of a general-law
municipality that by an election adopted a home-rule charter after
June 1, 2009, and before December 31, 2009, is validated as of the
date of the election.
(b) This section does not apply to:
(1) the adoption of a home-rule charter or the
attempted adoption of a home-rule charter that, under a statute of
this state, was a misdemeanor or felony at the time the act or
proceeding occurred;
(2) the adoption of a home-rule charter by a
municipality that was incorporated or attempted to incorporate
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 action that was premised on 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
section:
(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, 2011.