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A BILL TO BE ENTITLED
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AN ACT
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relating to the validity of an act or proceeding by a navigation |
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district or port authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 60, Water Code, is amended |
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by adding Section 60.080 to read as follows: |
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Sec. 60.080. PORT COMMISSION ACT OR PROCEEDING PRESUMED |
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VALID. (a) In this section, "district" means a navigation |
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district or port authority created under Section 52, Article III, |
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or Section 59, Article XVI, Texas Constitution, a local government |
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corporation or port development corporation of such a navigation |
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district or port authority, or any other public port authority. |
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(b) An act or proceeding of a district or its port |
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commission or board of directors or another governing body of the |
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district is conclusively presumed to be valid, as of the date it |
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occurred, and to have occurred in accordance with all applicable |
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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 the second anniversary. |
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(c) 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 effective date of this |
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section: |
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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 |
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judgment of a court; or |
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(B) has been held invalid by a final judgment of a |
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court. |
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SECTION 2. This Act takes effect September 1, 2007. |