Texas Special District Local Laws Code 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 § 5002.201 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 § 5002.201 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 or 212, Local Government Code, or any local code or ordinance shall be expressly preempted and Chapter 232, Local Government Code, shall exclusively apply to such property.
Terms Used In Texas Special District Local Laws Code 5002.205
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) If enforcement of any part of § 5002.153 or 5002.154 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 § 5002.201 will be automatically enjoined from enforcement.