1-1                                   AN ACT
 1-2     relating to statutory revision and statutory construction.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Subchapter C, Chapter 311, Government Code, is
 1-5     amended by adding Section 311.033 to read as follows:
 1-6           Sec. 311.033.  EFFECT OF NONSUBSTANTIVE REVISION.  The
 1-7     codification of a statute under the continuing statutory revision
 1-8     program provided for by Section 323.007  in an act stating that no
 1-9     substantive change in law is intended does not affect the meaning
1-10     or effect of the statute.  A court  or other entity interpreting
1-11     and applying the codified statute shall give the codified statute
1-12     the same effect and meaning that was or would have been given the
1-13     statute before its codification, notwithstanding the repeal of the
1-14     prior statute and regardless of an omission or change that the
1-15     court or other entity would otherwise find to be direct,
1-16     unambiguous, and irreconcilable with prior law.  An omission or
1-17     change for which the court finds no direct evidence of legislative
1-18     intent to change the sense, meaning, or effect of the statute shall
1-19     be considered unintended and shall be treated as if the omission or
1-20     change were a typographical or similar error.
1-21           SECTION 2. Subchapter C, Chapter 311, Government Code, is
1-22     amended by adding Section 311.034 to read as follows:
1-23           Sec. 311.034.  WAIVER OF SOVEREIGN IMMUNITY.  A statute shall
1-24     not be construed as a waiver of sovereign immunity unless the
 2-1     waiver is effected by clear and unambiguous language.  In a
 2-2     statute, the use of "person," as defined by Section 311.005 to
 2-3     include governmental entities, does not indicate legislative intent
 2-4     to waive sovereign immunity unless the context of the statute
 2-5     indicates no other reasonable construction.
 2-6           SECTION 3. The legislature finds the decision of the Texas
 2-7     Supreme Court in  Fleming Foods of Texas, Inc. v. Rylander, 6 S.W.
 2-8     3d 278 (Tex. 1999), to be inconsistent with the clear and
 2-9     repeatedly expressed intent of the legislature in the enactment of
2-10     the Tax Code and other nonsubstantive  codes enacted under the
2-11     state's continuing statutory revision program under Section
2-12     323.007, Government Code.  The absence of any legislative action
2-13     subsequent to the holding in Fleming Foods of Texas, Inc. v.
2-14     Rylander shall not be construed as legislative acceptance of the
2-15     holding in that case.
2-16           SECTION 4. This Act takes effect immediately if it receives a
2-17     vote of two-thirds of all the members elected to each house, as
2-18     provided by Section 39, Article III, Texas Constitution.  If this
2-19     Act does not receive the vote necessary for immediate effect, this
2-20     Act takes effect on the 91st day after the last day of the
2-21     legislative session.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2809 was passed by the House on May
         2, 2001, by a non-record vote; that the House refused to concur in
         Senate amendments to H.B. No. 2809 on May 21, 2001, and requested
         the appointment of a conference committee to consider the
         differences between the two houses; and that the House adopted the
         conference committee report on H.B. No. 2809 on May 27, 2001, by
         the following vote:  Yeas 143, Nays 2, 2 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2809 was passed by the Senate, with
         amendments, on May 15, 2001, by the following vote:  Yeas 29, Nays
         0, 1 present, not voting; at the request of the House, the Senate
         appointed a conference committee to consider the differences
         between the two houses; and that the Senate adopted the conference
         committee report on H.B. No. 2809 on May 27, 2001, by the following
         vote:  Yeas 30, Nays 0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor