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 36.124 to read as follows:
1-6 Sec. 36.124. DISTRICT ACT OR PROCEEDING PRESUMED VALID. (a)
1-7 A governmental act or proceeding of a district is conclusively
1-8 presumed, as of the date it occurred, valid and to have occurred in
1-9 accordance with all applicable statutes and rules if:
1-10 (1) the third 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 third 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 49.234 to read as follows:
2-8 Sec. 49.234. DISTRICT ACT OR PROCEEDING PRESUMED VALID. (a)
2-9 A governmental act or proceeding of a district is conclusively
2-10 presumed, as of the date it occurred, valid and to have occurred in
2-11 accordance with all applicable statutes and rules if:
2-12 (1) the third anniversary of the effective date of the
2-13 act or proceeding has expired; and
2-14 (2) a lawsuit to annul or invalidate the act or
2-15 proceeding has not been filed on or before that third anniversary.
2-16 (b) This section does not apply to:
2-17 (1) an act or proceeding that was void at the time it
2-18 occurred;
2-19 (2) an act or proceeding that, under a statute of this
2-20 state or the United States, was a misdemeanor or felony at the time
2-21 the act or proceeding occurred;
2-22 (3) a rule that, at the time it was passed, was
2-23 preempted by a statute of this state or the United States,
2-24 including Section 1.06 or 109.57, Alcoholic Beverage Code; or
2-25 (4) a matter that on the effective date of this
2-26 section:
2-27 (A) is involved in litigation if the litigation
3-1 ultimately results in the matter being held invalid by a final
3-2 judgment of a court; or
3-3 (B) has been held invalid by a final judgment of
3-4 a court.
3-5 SECTION 3. This Act takes effect immediately if it receives
3-6 a vote of two-thirds of all members elected to each house, as
3-7 provided by Section 39, Article III, Texas Constitution. If this
3-8 Act does not receive the vote necessary for immediate effect, this
3-9 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 742 was passed by the House on March
29, 2001, by the following vote: Yeas 146, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 742 was passed by the Senate on May
15, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor