Tex. Spec. Dist. Local Laws Code Section 5002.205
Effect of Invalidity of Certain Provisions


(a)

This section applies only to a municipality with a population of more than 5,000 that is wholly located in the district and to property:

(1)

owned or leased by the district;

(2)

located in the district and within seven miles of the Gulf of Mexico; and

(3)

located in the corporate limits or extraterritorial jurisdiction of a municipality that is subject to this section.

(b)

If enforcement of any part of Section 5002.201 (District Property Subject to Municipal Jurisdiction) is ever permanently enjoined or held to be invalid or to violate the requirements of the Texas Constitution by a final, non-appealable order or judgment of a court of competent jurisdiction, other than pursuant to an action initiated by the district, then:

(1)

all of Section 5002.201 (District Property Subject to Municipal Jurisdiction) will be automatically enjoined from enforcement; and

(2)

the authority of a municipality subject to this section to regulate property subject to this section under Chapter 211 (Municipal Zoning Authority) or 212 (Municipal Regulation of Subdivisions and Property Development), Local Government Code, or any local code or ordinance shall be expressly preempted and Chapter 232 (County Regulation of Subdivisions), Local Government Code, shall exclusively apply to such property.

(c)

If enforcement of any part of Section 5002.153 (Limitation on Acquisition and Use of Real Property Within the Corporate Limits of Certain Municipalities) or 5002.154 (Calling Election) is ever permanently enjoined or held to be invalid or to violate the requirements of the Texas Constitution by a final, non-appealable order or judgment of a court of competent jurisdiction, other than pursuant to an action initiated by a municipality, then Section 5002.201 (District Property Subject to Municipal Jurisdiction) will be automatically enjoined from enforcement.
Added by Acts 2023, 88th Leg., R.S., Ch. 785 (H.B. 5336), Sec. 1, eff. June 13, 2023.

Source: Section 5002.205 — Effect of Invalidity of Certain Provisions, https://statutes.­capitol.­texas.­gov/Docs/SD/htm/SD.­5002.­htm#5002.­205 (accessed Apr. 29, 2024).

Accessed:
Apr. 29, 2024

§ 5002.205’s source at texas​.gov