1-1                                   AN ACT
 1-2     relating to the presumed validity of a district act or proceeding.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter D, Chapter 36, Water Code, is amended
 1-5     by adding Section 36.123 to read as follows:
 1-6           Sec. 36.123.  DISTRICT ACT OR PROCEEDING PRESUMED VALID.
 1-7     (a)  A governmental act or proceeding of a district is conclusively
 1-8     presumed valid and to have occurred in accordance with all
 1-9     applicable statutes and rules if:
1-10                 (1)  the first anniversary of the effective date of the
1-11     act or proceeding has expired; and
1-12                 (2)  a lawsuit to annul or invalidate the act or
1-13     proceeding has not been filed on or before that first anniversary.
1-14           (b)  This section does not apply to:
1-15                 (1)  an act or proceeding that was void at the time it
1-16     occurred;
1-17                 (2)  an act or proceeding that, under a statute of this
1-18     state or the United States, was a misdemeanor or felony at the time
1-19     the act or proceeding occurred;
1-20                 (3)  a rule that, at the time it was passed, was
1-21     preempted by a statute of this state or the United States,
1-22     including Section 1.06 or 109.57, Alcoholic Beverage Code; or
1-23                 (4)  a matter that on the effective date of this
1-24     section:
 2-1                       (A)  is involved in litigation if the litigation
 2-2     ultimately results in the matter being held invalid by a final
 2-3     judgment of a court; or
 2-4                       (B)  has been held invalid by a final judgment of
 2-5     a court.
 2-6           SECTION 2.  Subchapter H, Chapter 49, Water Code, is amended
 2-7     by adding Section 49.233 to read as follows:
 2-8           Sec. 49.233.  DISTRICT ACT OR PROCEEDING PRESUMED VALID.
 2-9     (a)  In this section, "district" means:
2-10                 (1)  a district or authority created by authority of
2-11     Section 52(b)(1) or (2), Article III, or Section 59, Article XVI,
2-12     Texas Constitution, under general or special law; or
2-13                 (2)  a special water authority as defined by Section
2-14     49.001.
2-15           (b)  A governmental act or proceeding of a district is
2-16     conclusively presumed valid and to have occurred in accordance with
2-17     all applicable statutes and rules if:
2-18                 (1)  the first anniversary of the effective date of the
2-19     act or proceeding has expired; and
2-20                 (2)  a lawsuit to annul or invalidate the act or
2-21     proceeding has not been filed on or before that first anniversary.
2-22           (c)  This section does not apply to:
2-23                 (1)  an act or proceeding of a navigation district or
2-24     port authority created under general or special law;
2-25                 (2)  an act or proceeding of a groundwater conservation
2-26     district created under general or special law;
2-27                 (3)  an act or proceeding of a conservation or
 3-1     reclamation district created under Chapter 62, Acts of the 52nd
 3-2     Legislature, Regular Session, 1951 (Article 8280-141, Vernon's
 3-3     Texas Civil Statutes);
 3-4                 (4)  an act or proceeding that was void at the time it
 3-5     occurred;
 3-6                 (5)  an act or proceeding that, under a statute of this
 3-7     state or the United States, was a misdemeanor or felony at the time
 3-8     the act or proceeding occurred;
 3-9                 (6)  a rule that, at the time it was passed, was
3-10     preempted by a statute of this state or the United States,
3-11     including Section 1.06 or 109.57, Alcoholic Beverage Code; or
3-12                 (7)  a matter that on the effective date of this
3-13     section:
3-14                       (A)  is involved in litigation if the litigation
3-15     ultimately results in the matter being held invalid by a final
3-16     judgment of a court; or
3-17                       (B)  has been held invalid by a final judgment of
3-18     a court.
3-19           SECTION 3.  The importance of this legislation and the
3-20     crowded condition of the calendars in both houses create an
3-21     emergency and an imperative public necessity that the
3-22     constitutional rule requiring bills to be read on three several
3-23     days in each house be suspended, and this rule is hereby suspended,
3-24     and that this Act take effect and be in force from and after its
3-25     passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1847 was passed by the House on May
         13, 1999, by the following vote:  Yeas 145, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1847 was passed by the Senate on May
         26, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor