1-1 By: Harris S.B. No. 884 1-2 (In the Senate - Filed March 3, 1997; March 5, 1997, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 March 18, 1997, reported favorably by the following vote: Yeas 7, 1-5 Nays 0; March 18, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to rules of statutory construction. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Subchapter B, Chapter 311, Government Code, is 1-11 amended by adding Section 311.016 to read as follows: 1-12 Sec. 311.016. "MAY," "SHALL," "MUST," ETC. The following 1-13 constructions apply unless the context in which the word or phrase 1-14 appears necessarily requires a different construction or unless a 1-15 different construction is expressly provided by statute: 1-16 (1) "May" creates discretionary authority or grants 1-17 permission or a power. 1-18 (2) "Shall" imposes a duty. 1-19 (3) "Must" creates or recognizes a condition 1-20 precedent. 1-21 (4) "Is entitled to" creates or recognizes a right. 1-22 (5) "May not" imposes a prohibition and is synonymous 1-23 with "shall not." 1-24 (6) "Is not entitled to" negates a right. 1-25 (7) "Is not required to" negates a duty or condition 1-26 precedent. 1-27 SECTION 2. Section 311.025, Government Code, is amended by 1-28 adding Subsections (d) and (e) to read as follows: 1-29 (d) In this section, the date of enactment is the date on 1-30 which the last legislative vote is taken on the bill enacting the 1-31 statute. 1-32 (e) If the journals or other legislative records fail to 1-33 disclose which of two or more bills in conflict is latest in date 1-34 of enactment, the date of enactment of the respective bills is 1-35 considered to be, in order of priority: 1-36 (1) the date on which the last presiding officer 1-37 signed the bill; 1-38 (2) the date on which the governor signed the bill; or 1-39 (3) the date on which the bill became law by operation 1-40 of law. 1-41 SECTION 3. Section 312.014, Government Code, is amended to 1-42 read as follows: 1-43 Sec. 312.014. IRRECONCILABLE AMENDMENTS. (a) If statutes 1-44 enacted at the same or different sessions of the legislature are 1-45 irreconcilable, the statute latest in date of enactment prevails. 1-46 (b) If amendments to the same statute are enacted at the 1-47 same session of the legislature, one amendment without reference to 1-48 another, the amendments shall be harmonized, if possible, so that 1-49 effect may be given to each. If the amendments are irreconcilable, 1-50 the latest in date of enactment prevails. 1-51 (c) In determining whether amendments to the same statute 1-52 enacted at the same session of the legislature are irreconcilable, 1-53 text that is reenacted because of the requirement of Article III, 1-54 Section 36, of the Texas Constitution is not considered to be 1-55 irreconcilable with additions or omissions in the same text made by 1-56 another amendment. Unless clearly indicated to the contrary, an 1-57 amendment that reenacts text in compliance with that constitutional 1-58 requirement does not indicate legislative intent that the reenacted 1-59 text prevail over changes in the same text made by another 1-60 amendment, regardless of the relative dates of enactment. 1-61 (d) In this section, the date of enactment is the date on 1-62 which the last legislative vote is taken on the bill enacting the 1-63 statute. 1-64 (e) If the journals or other legislative records fail to 2-1 disclose which of two or more bills in conflict is latest in date 2-2 of enactment, the date of enactment of the respective bills is 2-3 considered to be, in order of priority: 2-4 (1) the date on which the last presiding officer 2-5 signed the bill; 2-6 (2) the date on which the governor signed the bill; or 2-7 (3) the date on which the bill became law by operation 2-8 of law. 2-9 SECTION 4. The importance of this legislation and the 2-10 crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended, 2-14 and that this Act take effect and be in force from and after its 2-15 passage, and it is so enacted. 2-16 * * * * *