Texas § 49.235 DISTRICT ACT OR PROCEEDING PRESUMED VALID.

Texas Statutes

§ 49.235 — DISTRICT ACT OR PROCEEDING PRESUMED VALID.

Texas § 49.235

Code WAWater Code

This text of Texas § 49.235 (DISTRICT ACT OR PROCEEDING PRESUMED VALID.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Water Code Code Ann. § 49.235 (2026).

Text

Sec. 49.235. 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 Uni

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Sec. 49.235. 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.

Legislative History

Added by Acts 2001, 77th Leg., ch. 389, Sec. 2, eff. May 28, 2001. Renumbered from Water Code Sec. 49.234 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(148), eff. Sept. 1, 2003.