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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1841

80R7849 HLT-F                                                                                                 By: Bonnen (Janek)

                                                                                                                               Natural Resources

                                                                                                                                            4/19/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law allows city ordinances to self-validate after three years if they are not the subject of a court challenge.  However, navigation districts are not authorized to self-validate and, therefore, need legislative action to be validated.

 

H.B. 1841 extends to navigation districts the right to self-validate after two years if they are not the subject of a court challenge.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter A, Chapter 60, Water Code, by adding Section 60.004, as follows:

 

Sec. 60.004.  ACT OR PROCEEDING OF DISTRICT PRESUMED VALID.  (a)  Provides that an act or proceeding of a navigation district (district), its governing body, or any local government corporation, development corporation, or nonprofit corporation of the district is conclusively presumed, as of the date it occurred, to be valid and to have occurred in accordance with all applicable statutes and ordinances if the second anniversary of the effective date of the act or proceeding has expired and a lawsuit to annul or invalidate the act or proceeding has not been filed on or before that second anniversary.

 

(b)  Sets forth certain acts, proceedings, and matters to which this section does not apply.

 

SECTION 2.  Effective date: September 1, 2007.