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