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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Local Government Code § 375.098: DISTRICT ACT OR PROCEEDING PRESUMED VALID.

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Where this section sits in the code
  1. LOCAL GOVERNMENT CODE
  2. TITLE 12. PLANNING AND DEVELOPMENT
  3. SUBTITLE A. MUNICIPAL PLANNING AND DEVELOPMENT
  4. CHAPTER 375. MUNICIPAL MANAGEMENT DISTRICTS IN GENERAL
  5. SUBCHAPTER E. POWERS AND DUTIES

(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 2011, 82nd Leg., R.S., Ch. 912 (S.B. 1234), Sec. 10, eff. September 1, 2011.

Collected 2026-08-27T01:47:27Z. Source file · JSON

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