By Harris S.B. No. 884
75R605 SRC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to rules of statutory construction.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 311, Government Code, is
1-5 amended by adding Section 311.016 to read as follows:
1-6 Sec. 311.016. "MAY," "SHALL," "MUST," ETC. The following
1-7 constructions apply unless the context in which the word or phrase
1-8 appears necessarily requires a different construction or unless a
1-9 different construction is expressly provided by statute:
1-10 (1) "May" creates discretionary authority or grants
1-11 permission or a power.
1-12 (2) "Shall" imposes a duty.
1-13 (3) "Must" creates or recognizes a condition
1-14 precedent.
1-15 (4) "Is entitled to" creates or recognizes a right.
1-16 (5) "May not" imposes a prohibition and is synonymous
1-17 with "shall not."
1-18 (6) "Is not entitled to" negates a right.
1-19 (7) "Is not required to" negates a duty or condition
1-20 precedent.
1-21 SECTION 2. Section 311.025, Government Code, is amended by
1-22 adding Subsections (d) and (e) to read as follows:
1-23 (d) In this section, the date of enactment is the date on
1-24 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
2-26 another amendment. Unless clearly indicated to the contrary, an
2-27 amendment that reenacts text in compliance with that constitutional
3-1 requirement does not indicate legislative intent that the reenacted
3-2 text prevail over changes in the same text made by another
3-3 amendment, regardless of the relative dates of enactment.
3-4 (d) In this section, the date of enactment is the date on
3-5 which the last legislative vote is taken on the bill enacting the
3-6 statute.
3-7 (e) If the journals or other legislative records fail to
3-8 disclose which of two or more bills in conflict is latest in date
3-9 of enactment, the date of enactment of the respective bills is
3-10 considered to be, in order of priority:
3-11 (1) the date on which the last presiding officer
3-12 signed the bill;
3-13 (2) the date on which the governor signed the bill; or
3-14 (3) the date on which the bill became law by operation
3-15 of law.
3-16 SECTION 4. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended,
3-21 and that this Act take effect and be in force from and after its
3-22 passage, and it is so enacted.