AN ACT

 1-1     relating to rules of statutory construction.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Subchapter B, Chapter 311, Government Code, is

 1-4     amended by adding Section 311.016 to read as follows:

 1-5           Sec. 311.016.  "MAY," "SHALL," "MUST," ETC. The following

 1-6     constructions apply unless the context in which the word or phrase

 1-7     appears necessarily requires a different construction or unless a

 1-8     different construction is expressly provided by statute:

 1-9                 (1)  "May" creates discretionary authority or grants

1-10     permission or a power.

1-11                 (2)  "Shall" imposes a duty.

1-12                 (3)  "Must" creates or recognizes a condition

1-13     precedent.

1-14                 (4)  "Is entitled to" creates or recognizes a right.

1-15                 (5)  "May not" imposes a prohibition and is synonymous

1-16     with "shall not."

1-17                 (6)  "Is not entitled to" negates a right.

1-18                 (7)  "Is not required to" negates a duty or condition

1-19     precedent.

1-20           SECTION 2.  Section 311.025, Government Code, is amended by

1-21     adding Subsections (d) and (e) to read as follows:

1-22           (d)  In this section, the date of enactment is the date on

1-23     which the last legislative vote is taken on the bill enacting the

 2-1     statute.

 2-2           (e)  If the journals or other legislative records fail to

 2-3     disclose which of two or more bills in conflict is latest in date

 2-4     of enactment, the date of enactment of the respective bills is

 2-5     considered to be, in order of priority:

 2-6                 (1)  the date on which the last presiding officer

 2-7     signed the bill;

 2-8                 (2)  the date on which the governor signed the bill; or

 2-9                 (3)  the date on which the bill became law by operation

2-10     of law.

2-11           SECTION 3.  Section 312.014, Government Code, is amended to

2-12     read as follows:

2-13           Sec. 312.014.  IRRECONCILABLE AMENDMENTS. (a)  If statutes

2-14     enacted at the same or different sessions of the legislature are

2-15     irreconcilable, the statute latest in date of enactment prevails.

2-16           (b)  If amendments to the same statute are enacted at the

2-17     same session of the legislature, one amendment without reference to

2-18     another, the amendments shall be harmonized, if possible, so that

2-19     effect may be given to each.  If the amendments are irreconcilable,

2-20     the latest in date of enactment prevails.

2-21           (c)  In determining whether amendments to the same statute

2-22     enacted at the same session of the legislature are irreconcilable,

2-23     text that is reenacted because of the requirement of Article III,

2-24     Section 36, of the Texas Constitution is not considered to be

2-25     irreconcilable with additions or omissions in the same text made by

 3-1     another amendment.  Unless clearly indicated to the contrary, an

 3-2     amendment that reenacts text in compliance with that constitutional

 3-3     requirement does not indicate legislative intent that the reenacted

 3-4     text prevail over changes in the same text made by another

 3-5     amendment, regardless of the relative dates of enactment.

 3-6           (d)  In this section, the date of enactment is the date on

 3-7     which the last legislative vote is taken on the bill enacting the

 3-8     statute.

 3-9           (e)  If the journals or other legislative records fail to

3-10     disclose which of two or more bills in conflict is latest in date

3-11     of enactment, the date of enactment of the respective bills is

3-12     considered to be, in order of priority:

3-13                 (1)  the date on which the last presiding officer

3-14     signed the bill;

3-15                 (2)  the date on which the governor signed the bill; or

3-16                 (3)  the date on which the bill became law by operation

3-17     of law.

3-18           SECTION 4.  The importance of this legislation and the

3-19     crowded condition of the calendars in both houses create an

3-20     emergency and an imperative public necessity that the

3-21     constitutional rule requiring bills to be read on three several

3-22     days in each house be suspended, and this rule is hereby suspended,

3-23     and that this Act take effect and be in force from and after its

3-24     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 884 passed the Senate on

         March 26, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 884 passed the House on

         May 8, 1997, by the following vote:  Yeas 142, Nays 0, one present

         not voting.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor