Texas § WA.36.124 - DISTRICT ACT OR PROCEEDING PRESUMED VALID

§ WA.36.124. DISTRICT ACT OR PROCEEDING PRESUMED VALID

DISTRICT ACT OR PROCEEDING PRESUMED VALID. (a) A governmental act or proceeding of a district is conclusively presumed, as of the date it occurred, valid and to have occurred in accordance with all applicable statutes and rules if: (1) the third anniversary of the effective date of the act or proceeding has expired; and (2) a lawsuit to annul or invalidate the act or proceeding has not been filed on or before that third anniversary. (b) This section does not apply to: (1) an act or proceeding that was void at the time it occurred; (2) an act or proceeding that, under a statute of this state or the United States, was a misdemeanor or felony at the time the act or proceeding occurred; (3) a rule that, at the time it was passed, was preempted by a statute of this state or the United States, including Section 1.06 or 109.57 , Alcoholic Beverage Code; or (4) a matter that on the effective date of this section: (A) is involved in litigation if the litigation ultimately results in the matter being held invalid by a final judgment of a court; or (B) has been held invalid by a final judgment of a court. Added by Acts 2001, 77th Leg., ch. 389, Sec. 1, eff. May 28, 2001. SUBCHAPTER E. DISTRICT FINANCES