Texas § SD.5002.205 - EFFECT OF INVALIDITY OF CERTAIN PROVISIONS

§ SD.5002.205. EFFECT OF INVALIDITY OF CERTAIN PROVISIONS

EFFECT OF INVALIDITY OF CERTAIN PROVISIONS. (a) This section applies only to a municipality with a population of more than 5,000 that is wholly located in the district and to property: (1) owned or leased by the district; (2) located in the district and within seven miles of the Gulf of Mexico; and (3) located in the corporate limits or extraterritorial jurisdiction of a municipality that is subject to this section. (b) If enforcement of any part of Section 5002.201 is ever permanently enjoined or held to be invalid or to violate the requirements of the Texas Constitution by a final, non-appealable order or judgment of a court of competent jurisdiction, other than pursuant to an action initiated by the district, then: (1) all of Section 5002.201 will be automatically enjoined from enforcement; and (2) the authority of a municipality subject to this section to regulate property subject to this section under Chapter 211 or 212 , Local Government Code, or any local code or ordinance shall be expressly preempted and Chapter 232 , Local Government Code, shall exclusively apply to such property. (c) If enforcement of any part of Section 5002.153 or 5002.154 is ever permanently enjoined or held to be invalid or to violate the requirements of the Texas Constitution by a final, non-appealable order or judgment of a court of competent jurisdiction, other than pursuant to an action initiated by a municipality, then Section 5002.201 will be automatically enjoined from enforcement. Added by Acts 2023, 88th Leg., R.S., Ch. 785 (H.B. 5336 ), Sec. 1, eff. June 13, 2023.