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AN ACT
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relating to the presumption of validity of an act or proceeding of a |
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navigation district, its governing body, or certain corporations of |
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the district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 60, Water Code, is amended |
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by adding Section 60.004 to read as follows: |
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Sec. 60.004. ACT OR PROCEEDING OF DISTRICT PRESUMED VALID. |
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(a) An act or proceeding of a district, its governing body, or any |
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local government corporation, development corporation, or |
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nonprofit corporation of the district is conclusively presumed, as |
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of the date it occurred, to be valid and to have occurred in |
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accordance with all applicable statutes and ordinances if: |
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(1) the second anniversary of the effective date of |
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the act or proceeding has expired; and |
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(2) a lawsuit to annul or invalidate the act or |
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proceeding has not been filed on or before that second anniversary. |
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(b) This section does not apply to: |
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(1) an act or proceeding that was void at the time it |
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occurred; |
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(2) an act or proceeding that, under a statute of this |
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state or the United States, was a misdemeanor or felony at the time |
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the act or proceeding occurred; or |
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(3) a matter that on the second anniversary of the |
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effective date of the act or proceeding: |
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(A) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(B) has been held invalid by a final court |
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judgment. |
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SECTION 2. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1841 was passed by the House on April |
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5, 2007, by the following vote: Yeas 137, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1841 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |