Tex. Local Gov't Code 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 (Code Exclusively Governs) or 109.57 (Application of Code; Other Jurisdictions), 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.

Source: Section 375.098 — District Act or Proceeding Presumed Valid, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­375.­htm#375.­098 (accessed Jun. 5, 2024).

375.001
Legislative Findings 375.002
Construction of Chapter 375.003
Definitions 375.004
Governmental Agency 375.022
Petition 375.025
Hearing 375.026
Order 375.041
Commission Order 375.042
Mistake in Boundary Description 375.043
Annexation 375.044
Excluding Territory 375.061
Number of Directors 375.062
Terms of Initial Directors 375.063
Qualifications of Director 375.064
Recommendations for Succeeding Board 375.065
Removal of Director 375.066
Board Vacancy 375.067
Director’s Bond and Oath 375.068
Officers 375.069
Board Position Not Civil Office of Emolument 375.070
Compensation of Directors 375.071
Quorum 375.072
Participation in Voting 375.091
General Powers of District 375.092
Specific Powers 375.093
Use and Alteration of Public Ways 375.094
No Eminent Domain Power 375.095
Management by Board of Directors 375.096
Specific Powers and Duties of Board 375.097
Hearings Examiner 375.098
District Act or Proceeding Presumed Valid 375.111
General Powers Relating to Assessments 375.112
Specific Powers Relating to Assessments 375.113
Proposed Assessments 375.114
Petition Required 375.115
Notice of Hearing 375.116
Conclusion of Hearing 375.117
Area to Be Assessed 375.118
Objections 375.119
Apportionment of Cost 375.120
Assessment Roll 375.121
Interest on Assessments 375.122
Supplemental Assessments 375.123
Appeal 375.124
Appeal of Order 375.141
Imposition of Impact Fees 375.142
Procedure for Adopting Impact Fees 375.161
Certain Residential Property Exempt 375.162
Governmental Entities 375.163
Recreational, Park, or Scenic Use Property 375.164
Residential Property Exempted by Board 375.165
Governmental Entities 375.181
Funds Available for Payment of Projects and Services 375.182
Prohibited Use of Funds 375.201
General Obligation and Revenue Bonds 375.202
Terms and Conditions of Bonds 375.203
Pledges 375.204
Refunding Bonds 375.205
Approval by Attorney General 375.206
Authorized Investments 375.207
Municipal Approval 375.208
Commission Approval 375.209
Taxes for Bonds 375.221
Applicability of Water Districts Law to Competitive Bidding on Certain Contracts 375.222
Disadvantaged Businesses 375.223
Supersedes Other Law 375.241
Time of Election 375.242
Election Called by Board 375.243
Petition Required for Bond Election 375.244
Election to Approve Issuance of Bonds 375.261
Dissolution by Board Vote 375.262
Dissolution by Petition by Owners 375.263
Dissolution by Municipal Ordinance 375.264
Limitations on Dissolution by Board of District with Debt 375.281
Contracts with District 375.282
Strategic Partnership Agreement 375.301
Legislative Findings 375.302
Construction of Subchapter 375.303
Definitions 375.304
Eligibility for Creation by Municipality 375.305
Hearing on Creation of Authority 375.306
Board of Directors 375.307
Qualifications of Directors 375.308
Powers of the Authority 375.309
Municipal Annexation of Area in an Authority 375.310
Authority Plan 375.311
Sales and Use Tax 375.312
Zoning and Planning 375.313
Regional Development Agreements 375.314
Dissolution of the Authority 375.315
Effectiveness Study 375.351
Consolidation of Districts 375.352
Terms and Conditions for Consolidation 375.353
Notice and Hearing on Consolidation 375.354
Governing Consolidated Districts 375.355
Debts of Original Districts 375.356
Assessment and Collection of Taxes 375.357
Filing of Order with County Clerk and Executive Director 375.0645
Election of Directors 375.0921
Authority for Road Projects 375.0922
Road Standards and Requirements 375.2621
Prohibition on Issuance of Bonds After Petition 375.3085
Annexation or Disannexation
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 375.098’s source at texas​.gov