(a) This section does not apply to:
- (1) an action asserting that a ratification was not accomplished in accordance with this subchapter; or
- (2) any person to whom notice of the ratification was not given as required by Sections 21.906 and 21.911.
(b) Notwithstanding any other provision of this subchapter, the following may not be brought after the expiration of the 120th day of the validation effective time:
- (1) an action asserting that a defective corporate act or putative shares ratified in accordance with this subchapter are void or voidable due to a failure of authorization identified in the resolution adopted in accordance with Section 21.903; or
- (2) an action asserting that the district court, in its discretion, should declare that a ratification in accordance with this subchapter not take effect or that the ratification take effect only on certain conditions.
Added by Acts 2015, 84th Leg., R.S., Ch. 32 (S.B. 860), Sec. 30, eff. September 1, 2015.