Sec. 36.124.  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.
Added by Acts 2001, 77th Leg., ch. 389, Sec. 1, eff. May 28, 2001.