IMF H.B. 1846 75(R)BILL ANALYSIS


STATE AFFAIRS
H.B. 1846
By: Wolens
4-10-97
Committee Report (Unamended)



BACKGROUND 

The statutory revision program, pursuant to Section 323.007, Government
Code,  permits the Legislative Council to formally revise statutes by
topic or code.  In order to provide for consistency in the interpretation
of statutory terms such as "may," "shall," and "must," the Legislative
Council has proposed that such terms be statutorily defined.  A recent
federal court case, in which the court determined that the term "may not,"
as used in Section 123.008, Human Resources Code, was permissive rather
than prohibitive, demonstrates the need for statutory definitions.
(Sharpstown Civil Ass'n v. Maxicare Home Services, Inc., No. H-94-1592
(S.D. Tex. 1995)). 

The legislature occasionally enacts conflicting bills, such as multiple
amendments of the same statute.  The common law and statutory rules of
construction establish that if specific acts are irreconcilable, the most
recently enacted one controls.  However, the rules do not provide a
mechanism for determining which of the acts is most recent if the journals
or other legislative records do not provide specific information. 

PURPOSE

As proposed, H.B. 1846, would establish uniform definitions for statutory
terms such as "may," "shall," and "must," and provide guidelines for
determining which of two conflicting acts was enacted last. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter B, Chapter 311, Government Code (the "Code
Construction Act"), by adding Section 311.016 to define "may," "shall,"
"must," "is entitled to," "may not," "is not entitled to," and "is not
required to." 

SECTION 2. Amends Section 311.025, Government Code, by adding Subsections
(d) and (e), to provide rules for determining which of two conflicting
codified acts is later in date of enactment. The factors to be considered,
in order of priority, are the date signed by the last presiding officer,
the date signed by the governor, and the date the bill became law by
operation of law. 

SECTION 3. Amends Section 312.014, Government Code, to add rules for
determining which of two conflicting uncodified acts is later in date of
enactment.  The factors to be considered, in order of priority, are the
date signed by the last presiding officer, the date signed by the
governor, and the date the bill became law by operation of law.  Makes
conforming changes.   

SECTION 4. Emergency clause.  Effective date:  upon passage.