Tex.
Local Gov't Code 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 (Extraterritorial Jurisdiction of Municipalities) or 43 (Municipal Annexation);(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 (Code Exclusively Governs) or 109.57 (Application of Code; Other Jurisdictions), 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.
Source:
Section 51.003 — Municipal Act or Proceeding Presumed Valid, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.51.htm#51.003 (accessed Apr. 29, 2024).
