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