Section 375.098 - 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.Tex. Loc. Gov't. Code § 375.098
Added by Acts 2011, 82nd Leg., R.S., Ch. 912, Sec. 10, eff. 9/1/2011.