1-1 By: Wolens (Senate Sponsor - Cain) H.B. No. 2809 1-2 (In the Senate - Received from the House May 3, 2001; 1-3 May 4, 2001, read first time and referred to Committee on 1-4 Administration; May 11, 2001, reported favorably by the following 1-5 vote: Yeas 3, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to statutory revision and statutory construction. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Subchapter C, Chapter 311, Government Code, is 1-11 amended by adding Section 311.033 to read as follows: 1-12 Sec. 311.033. EFFECT OF NONSUBSTANTIVE REVISION. The 1-13 codification of a statute under the continuing statutory revision 1-14 program provided for by Section 323.007 in an act stating that no 1-15 substantive change in law is intended does not affect the meaning 1-16 or effect of the statute. A court or other entity interpreting 1-17 and applying the codified statute shall give the codified statute 1-18 the same effect and meaning that was or would have been given the 1-19 statute before its codification, notwithstanding the repeal of the 1-20 prior statute and regardless of an omission or change that the 1-21 court or other entity would otherwise find to be direct, 1-22 unambiguous, and irreconcilable with prior law. An omission or 1-23 change for which the court finds no direct evidence of legislative 1-24 intent to change the sense, meaning, or effect of the statute shall 1-25 be considered unintended and shall be treated as if the omission or 1-26 change were a typographical or similar error. 1-27 SECTION 2. Subchapter C, Chapter 311, Government Code, is 1-28 amended by adding Section 311.034 to read as follows: 1-29 Sec. 311.034. WAIVER OF SOVEREIGN IMMUNITY. A statute shall 1-30 not be construed as a waiver of sovereign immunity unless the 1-31 waiver is effected by clear and unambiguous language. In a 1-32 statute, the use of "person," as defined by Section 311.005 to 1-33 include governmental entities, does not indicate legislative intent 1-34 to waive sovereign immunity unless the context of the statute 1-35 indicates no other reasonable construction. 1-36 SECTION 3. Chapter 323, Government Code, is amended by adding 1-37 Section 323.0071 to read as follows: 1-38 Sec. 323.0071. EDITORIAL POWERS FOR STATUTES. (a) In this 1-39 section, "section" includes titles, subtitles, chapters, 1-40 subchapters, sections, subsections, subdivisions, paragraphs, and 1-41 other numbered or lettered units of a statute. 1-42 (b) The executive director of the council shall perform the 1-43 duties of revisor of statutes or designate an employee to perform 1-44 those duties. The powers provided by this section are authorized 1-45 as part of the statutory revision program for the purposes of: 1-46 (1) conforming codifications to other acts of the same 1-47 legislature that amended the laws codified or added new law to 1-48 subject matter codified; 1-49 (2) making necessary corrections to enacted 1-50 codifications; and 1-51 (3) renumbering or relettering sections that duplicate 1-52 numbers or letters, are mislocated, or that are otherwise 1-53 inconsistent with the organization and arrangement of the codes. 1-54 (c) In carrying out these powers the revisor may not alter 1-55 the sense, meaning, or effect of a statute. If the revisor is in 1-56 doubt whether a specific change is authorized by this section, the 1-57 revisor may not make the change but shall incorporate the proposed 1-58 change into legislation. 1-59 (d) In accordance with this section, the revisor may: 1-60 (1) renumber or rearrange sections; 1-61 (2) combine sections into other sections; 1-62 (3) divide sections into other sections so as to give 1-63 to distinct subject matters a section number or letter; 1-64 (4) substitute a reference to the proper section for 2-1 the terms "this act," "the preceding section," and the like; 2-2 (5) substitute figures for written words and vice 2-3 versa; 2-4 (6) substitute the date on which the law becomes 2-5 effective for the words "the effective date of this act," and the 2-6 like; 2-7 (7) change capitalization for the purpose of 2-8 uniformity; 2-9 (8) correct manifest clerical, typographical, 2-10 grammatical, or punctuation errors; 2-11 (9) correct obviously misspelled words; 2-12 (10) change references to agree with renumbered or 2-13 relettered sections or to properly reflect references to other 2-14 statutes; and 2-15 (11) conform the provisions of a code to the 2-16 amendment, revision, or reenactment of a codified statute by the 2-17 same legislature that enacted the code, giving effect to the 2-18 requirements of Section 311.031(c). 2-19 (e) In addition to the actions described by Subsection (d), 2-20 if two or more acts of a legislative session affect the same 2-21 section and the revisor finds that there is no irreconcilable 2-22 conflict between the changes made by each act, the revisor may 2-23 harmonize the acts and incorporate the changes made by each act 2-24 into the text of the section. 2-25 (f) The revisor shall publish proposed actions under this 2-26 section in a report the form of which is designed to clearly 2-27 identify each proposed action, including words to be added or 2-28 deleted, and the purpose of each proposed action. 2-29 (g) The revisor shall file notice of the report described by 2-30 Subsection (f) with the secretary of state for publication in the 2-31 Texas Register and shall provide a copy of the notice to each 2-32 member of the legislature. The notice must contain: 2-33 (1) a brief explanation of the report; 2-34 (2) the intended effective date of the proposed 2-35 actions; 2-36 (3) a description of how interested persons may obtain 2-37 the text of the report; and 2-38 (4) a request for comment on the proposed actions by 2-39 affected governmental agencies and any other interested person. 2-40 (h) The effective date of actions proposed in the report may 2-41 not be earlier than the 61st day after the date notice is published 2-42 in the Texas Register. 2-43 (i) The revisor shall give all interested persons a 2-44 reasonable opportunity to comment on the actions proposed in the 2-45 report and shall fully consider all comments. 2-46 (j) The final actions of the revisor under this section 2-47 shall be effected by order issued by the revisor and filed with the 2-48 secretary of state. The order takes effect on the date stated in 2-49 the order, which may not be earlier than the 31st day after the 2-50 date the order is filed with the secretary of state. The secretary 2-51 of state shall publish the order in the Texas Register. 2-52 (k) The revisor shall communicate actions under this section 2-53 to each publisher of Texas statutes, and the text of the statutes 2-54 published by the publisher shall reflect the actions of the 2-55 revisor. 2-56 (l) The saving provisions of Section 311.031 apply to 2-57 actions by the revisor under this section. 2-58 SECTION 4. The legislature finds the decision of the Texas 2-59 Supreme Court in Fleming Foods of Texas, Inc. v. Rylander, 6 S.W. 2-60 3d 278 (Tex. 1999), to be inconsistent with the clear and 2-61 repeatedly expressed intent of the legislature in the enactment of 2-62 the Tax Code and other nonsubstantive codes enacted under the 2-63 state's continuing statutory revision program under Section 2-64 323.007, Government Code. The absence of any legislative action 2-65 subsequent to the holding in Fleming Foods of Texas, Inc. v. 2-66 Rylander shall not be construed as legislative acceptance of the 2-67 holding in that case. 2-68 SECTION 5. Section 323.008, Government Code, is repealed. 2-69 SECTION 6. This Act takes effect immediately if it receives a 3-1 vote of two-thirds of all the members elected to each house, as 3-2 provided by Section 39, Article III, Texas Constitution. If this 3-3 Act does not receive the vote necessary for immediate effect, this 3-4 Act takes effect on the 91st day after the last day of the 3-5 legislative session. 3-6 * * * * *