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