Sec. 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 or 43;
(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 or 109.57, 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.
Added by Acts 1999, 76th Leg., ch. 1338, Sec. 1, eff. June 19, 1999.