Dallas G. Perkins, Petitioners v. the State of Texas, Respondent

Summary

The Texas Supreme Court affirmed the trial court's judgment that the town of Impact is a validly incorporated municipality, holding that the Legislature's validating statutes (Articles 966h and 974d‑9) cure any defects in the original incorporation. The Court found that Impact met the statutory prerequisites of an attempted incorporation, an attempt to function as a town, and a population under the limits set by the 1960 Federal Census. A dissent argued that the validating statutes do not apply because Impact was not functioning at the effective dates and that the population criteria were not satisfied, and would have affirmed the Court of Civil Appeals.