Section 51.003 - Municipal Act or Proceeding Presumed Valid(a) A governmental act or proceeding of a municipality is conclusively presumed, as of the date it occurred, to be valid and to have occurred in accordance with all applicable statutes and ordinances 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) an incorporation or attempted incorporation of a municipality, or an annexation or attempted annexation of territory by a municipality, within the incorporated boundaries or extraterritorial jurisdiction of another municipality that occurred without the consent of the other municipality in violation of Chapter 42 or 43;(4) an ordinance 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(5) 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.Tex. Loc. Gov't. Code § 51.003
Added by Acts 1999, 76th Leg., ch. 1338, Sec. 1, eff. 6/19/1999.