BILL ANALYSIS
Senate Research Center H.B. 1841
80R7849 HLT-F By: Bonnen (Janek)
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
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.