HBA-RBT H.B. 1847 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1847 By: Hill Natural Resources 3/27/1999 Introduced BACKGROUND AND PURPOSE From 1934 to 1997, the Texas Legislature regularly passed statutes that validated certain actions taken by cities. Some validation statutes have been very specific and validated particular actions of cities such as bond elections or incorporations, while most are general validating statutes pertaining to all cities. The purpose of this type of legislation is to provide some defense to governmental actions that are valid and within the entity's authority to act, but that were enacted incorrectly from a procedural or clerical standpoint. H.B. 1847 provides this same type of protection to districts operating under Chapters 36 or 49 of the Water Code such as groundwater conservation districts, municipal utility districts, irrigation districts, river authorities, or drainage districts. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 36, Water Code, by adding Section 36.123, as follows: Sec. 36.123. DISTRICT ACT OR PROCEEDING PRESUMED VALID. Provides that a governmental act or proceeding of a district is conclusively presumed valid and to have occurred in accordance with all applicable statutes and rules if one year has passed since the act occurred and there has not been a lawsuit filed to annul or invalidate the act within that year. Provides that this section does not apply to specified acts, rules, or proceedings, including matters involved in litigation or that have been held invalid by a final judgment of a court on the effective date of this section. SECTION 2. Amends Subchapter H, Chapter 49, Water Code, by adding Section 49.233, as follows: Sec. 49.233. DISTRICT ACT OR PROCEEDING PRESUMED VALID. Defines "district." Provides that a governmental act or proceeding of a district is conclusively presumed valid and to have occurred in accordance with all applicable statutes and rules if one year has passed since the act occurred and there has not been a lawsuit filed to annul or invalidate the act within that year. Provides that this section does not apply to specified acts, rules, or proceedings, including matters involved in litigation or that have been held invalid by a final judgment of a court on the effective date of this section. SECTION 3. Emergency clause. Effective date: upon passage.