HBA-SEP H.B. 742 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 742
By: Walker
Natural Resources
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

The 76th Legislature passed a statute validating acts of municipalities.
House Bill 742 provides that a governmental act or proceeding of a
groundwater conservation district or general law district is conclusively
presumed valid, as of the date it occurred, and to have occurred in
accordance with all applicable statutes and rules if the third anniversary
of the effective date of the act has expired and a lawsuit to annul or
invalidate the act has not been filed on or before that third anniversary.

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. 

ANALYSIS

House Bill 742 amends the Water Code to provide that a governmental act or
proceeding (act) of a groundwater conservation district or general law
district is conclusively presumed valid, as of the date it occurred, and to
have occurred in accordance with all applicable statutes and rules if the
third anniversary of the effective date of the act has expired and a
lawsuit to annul or invalidate the act has not been filed on or before that
third anniversary.  This provision does not apply to:  

_an act that was void or was a misdemeanor or felony at the time it
occurred; 

_a rule that was preempted by a statute; or

_a matter that on the effective date of this Act is involved in litigation
if the litigation ultimately results in the matter being held invalid by a
final judgment of court or has been held invalid by a final judgment of a
court.  

EFFECTIVE DATE

May 28, 2001.