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