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A BILL TO BE ENTITLED
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AN ACT
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relating to statutory construction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 311.016(2) and (3), Government Code, |
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are amended to read as follows: |
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(2) "Shall" imposes a duty. The use of "shall" does not |
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indicate that an action is discretionary. |
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(3) "Must" imposes a requirement and either creates a |
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duty or creates or recognizes a condition precedent. |
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SECTION 2. Subchapter C, Chapter 311, Government Code, is |
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amended by adding Sections 311.0211 and 311.0212 to read as |
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follows: |
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Sec. 311.0211. INTENTIONALISM PROHIBITED. When |
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interpreting a statute, a court: |
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(1) may not inquire into what members of the |
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legislature intended to accomplish by enacting the statute; and |
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(2) shall enforce the statutory text as written and in |
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accordance with the meaning that the words of the statute would have |
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to an ordinary speaker of the English language. |
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Sec. 311.0212. USE OF LEGISLATURE HISTORY PROHIBITED. When |
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interpreting a statute, a court may not consider, consult, cite, |
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rely on, or give any weight to: |
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(1) any statement from an individual legislator, |
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including a statement by the author or sponsor of the bill that |
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enacted the statute or a statement made during a committee hearing |
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or debate of the bill on the floor of a house of the legislature; |
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(2) a committee report; or |
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(3) a statement of a presiding officer or the governor |
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made on the signing of the bill. |
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SECTION 3. Section 311.025(c), Government Code, is amended |
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to read as follows: |
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(c) In determining whether amendments are irreconcilable, |
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text that is reenacted because of the requirement of Article III, |
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Section 36, of the Texas Constitution is not considered to be |
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irreconcilable with additions or omissions in the same text made by |
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another amendment. Unless clearly indicated to the contrary, an |
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amendment that reenacts text in compliance with that constitutional |
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requirement does not mean [indicate legislative intent] that the |
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reenacted text prevails [prevail] over changes in the same text |
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made by another amendment, regardless of the relative dates of |
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enactment. |
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SECTION 4. Section 311.026(b), Government Code, is amended |
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to read as follows: |
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(b) If the conflict between the general provision and the |
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special or local provision is irreconcilable, the special or local |
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provision prevails as an exception to the general provision, unless |
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the general provision is the later enactment and clearly and |
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unambiguously supersedes the special or local provision [the |
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manifest intent is that the general provision prevail]. |
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SECTION 5. Section 311.028, Government Code, is amended to |
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read as follows: |
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Sec. 311.028. UNIFORM CONSTRUCTION OF UNIFORM ACTS. A |
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uniform act included in a code shall be construed, when possible, |
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[to effect its general purpose] to make uniform the law of those |
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states that enact it. |
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SECTION 6. Subchapter C, Chapter 311, Government Code, is |
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amended by adding Section 311.0311 to read as follows: |
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Sec. 311.0311. SEVERABILITY AND SAVING CONSTRUCTIONS. (a) |
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Unless a statute contains a provision expressly providing for |
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nonseverability, every provision, section, subsection, sentence, |
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clause, phrase, and word of the statute, including every discrete |
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application of the provision, section, subsection, sentence, |
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clause, phrase, or word to any person, group of persons, or |
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circumstance, is severable. |
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(b) If any application of any statutory provision, section, |
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subsection, sentence, clause, phrase, or word to any person, group |
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of persons, or circumstance is determined by a court to be invalid, |
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preempted, or unconstitutional, regardless of the reason, all |
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remaining applications of that statutory provision, section, |
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subsection, sentence, clause, phrase, or word to any other person, |
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group of persons, or circumstance shall be severed and preserved |
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and remain in effect. |
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(c) It is the intent of the legislature that every valid, |
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non-preempted, and constitutional application of its statutory |
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enactments be allowed to stand alone and remain enforceable. |
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(d) A court may not decline to enforce the severability |
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requirements of this section on the grounds that the severance |
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would rewrite the statute or involve the court in legislative or |
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lawmaking activity. A court that declines to enforce, or that |
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enjoins a state official from enforcing, wholly or partly, a |
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statute is not considered to be rewriting a statute or engaging in |
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legislative or lawmaking activity because the statute continues to |
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contain the same words as before the court's decision. A judicial |
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injunction or declaration of unconstitutionality: |
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(1) is only an edict prohibiting enforcement of the |
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disputed statute against the parties to that lawsuit and may |
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subsequently be vacated by a higher court based on a different |
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understanding of the law; |
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(2) is not a formal amendment of the language in a |
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statute; and |
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(3) does not rewrite the statute any more than a |
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decision by the executive not to enforce a duly enacted statute in a |
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limited and defined set of circumstances. |
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(e) If a court, in violation of this section, declares or |
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finds any statutory provision, section, subsection, sentence, |
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clause, phrase, or word to be facially or totally invalid, |
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preempted, or unconstitutional, when there are discrete |
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applications of that statutory provision, section, subsection, |
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sentence, clause, phrase, or word that could be enforced against a |
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person, group of persons, or circumstance without violating federal |
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law or the federal or state constitutions, then that statutory |
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provision, section, subsection, sentence, clause, phrase, or word |
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shall be interpreted, as a matter of state law, as if the |
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legislature had explicitly limited its application to the person, |
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group of persons, or circumstance for which its application will |
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not violate federal law or the federal or state constitutions, and |
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every court shall adopt and apply this saving construction until |
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the court ruling declaring the statutory provision, section, |
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subsection, sentence, clause, phrase, or word facially or totally |
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invalid, preempted, or unconstitutional is vacated or overturned. |
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SECTION 7. Section 311.034, Government Code, is amended to |
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read as follows: |
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Sec. 311.034. WAIVER OF SOVEREIGN IMMUNITY; JURISDICTIONAL |
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REQUIREMENTS. In order to preserve the legislature's interest in |
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managing state fiscal matters through the appropriations process, a |
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statute shall not be construed as a waiver of sovereign immunity |
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unless the waiver is effected by clear and unambiguous language. In |
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a statute, the use of "person," as defined by Section 311.005 to |
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include governmental entities, does not [indicate legislative |
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intent to] waive sovereign immunity unless the context of the |
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statute indicates no other reasonable construction. Statutory |
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prerequisites to a suit, including the provision of notice, are |
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jurisdictional requirements in all suits against a governmental |
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entity. |
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SECTION 8. Subchapter C, Chapter 311, Government Code, is |
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amended by adding Section 311.037 to read as follows: |
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Sec. 311.037. GRAMMATICAL OR SCRIVENER'S ERROR. A |
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grammatical or scrivener's error does not vitiate a law. A court |
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construing a statute that contains a grammatical or scrivener's |
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error that would be apparent to an ordinary reader of the English |
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language may interpret the statute consistent with the |
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understanding of the statute by an ordinary reader of the English |
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language. |
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SECTION 9. Subchapter A, Chapter 312, Government Code, is |
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amended by adding Sections 312.0051, 312.0052, 312.0081, and |
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312.0082 to read as follows: |
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Sec. 312.0051. INTENTIONALISM PROHIBITED. When |
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interpreting a statute, a court: |
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|
(1) may not inquire into what members of the |
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|
legislature intended to accomplish by enacting the statute; and |
|
|
(2) shall enforce the statutory text as written and in |
|
|
accordance with the meaning that the words of the statute would have |
|
|
to an ordinary speaker of the English language. |
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Sec. 312.0052. USE OF LEGISLATURE HISTORY PROHIBITED. When |
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interpreting a statute, a court may not consider, consult, cite, |
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|
rely on, or give any weight to: |
|
|
(1) any statement from an individual legislator, |
|
|
including a statement by the author or sponsor of the bill that |
|
|
enacted the statute or a statement made during a committee hearing |
|
|
or debate of the bill on the floor of a house of the legislature; |
|
|
(2) a committee report; or |
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|
(3) a statement of a presiding officer or the governor |
|
|
made on the signing of the bill. |
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Sec. 312.0081. GRAMMATICAL OR SCRIVENER'S ERROR. A |
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grammatical or scrivener's error does not vitiate a law. A court |
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construing a statute that contains a grammatical or scrivener's |
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error that would be apparent to an ordinary reader of the English |
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language may interpret the statute consistent with the |
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understanding of the statute by an ordinary reader of the English |
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language. |
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Sec. 312.0082. SEVERABILITY AND SAVING CONSTRUCTIONS. (a) |
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Unless a statute contains a provision expressly providing for |
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|
nonseverability, every provision, section, subsection, sentence, |
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|
clause, phrase, and word of the statute, including every discrete |
|
|
application of the provision, section, subsection, sentence, |
|
|
clause, phrase, or word to any person, group of persons, or |
|
|
circumstance, is severable. |
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|
(b) If any application of any statutory provision, section, |
|
|
subsection, sentence, clause, phrase, or word to any person, group |
|
|
of persons, or circumstance is determined by a court to be invalid, |
|
|
preempted, or unconstitutional, regardless of the reason, all |
|
|
remaining applications of that statutory provision, section, |
|
|
subsection, sentence, clause, phrase, or word to any other person, |
|
|
group of persons, or circumstance shall be severed and preserved |
|
|
and remain in effect. |
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|
(c) It is the intent of the legislature that every valid, |
|
|
non-preempted, and constitutional application of its statutory |
|
|
enactments be allowed to stand alone and remain enforceable. |
|
|
(d) A court may not decline to enforce the severability |
|
|
requirements of this section on the grounds that the severance |
|
|
would rewrite the statute or involve the court in legislative or |
|
|
lawmaking activity. A court that declines to enforce, or that |
|
|
enjoins a state official from enforcing, wholly or partly, a |
|
|
statute is not considered to be rewriting a statute or engaging in |
|
|
legislative or lawmaking activity because the statute continues to |
|
|
contain the same words as before the court's decision. A judicial |
|
|
injunction or declaration of unconstitutionality: |
|
|
(1) is only an edict prohibiting enforcement of the |
|
|
disputed statute against the parties to that lawsuit and may |
|
|
subsequently be vacated by a higher court based on a different |
|
|
understanding of the law; |
|
|
(2) is not a formal amendment of the language in a |
|
|
statute; and |
|
|
(3) does not rewrite the statute any more than a |
|
|
decision by the executive not to enforce a duly enacted statute in a |
|
|
limited and defined set of circumstances. |
|
|
(e) If a court, in violation of this section, declares or |
|
|
finds any statutory provision, section, subsection, sentence, |
|
|
clause, phrase, or word to be facially or totally invalid, |
|
|
preempted, or unconstitutional, when there are discrete |
|
|
applications of that statutory provision, section, subsection, |
|
|
sentence, clause, phrase, or word that could be enforced against a |
|
|
person, group of persons, or circumstance without violating federal |
|
|
law or the federal or state constitutions, then that statutory |
|
|
provision, section, subsection, sentence, clause, phrase, or word |
|
|
shall be interpreted, as a matter of state law, as if the |
|
|
legislature had explicitly limited its application to the person, |
|
|
group of persons, or circumstance for which its application will |
|
|
not violate federal law or the federal or state constitutions, and |
|
|
every court shall adopt and apply this saving construction until |
|
|
the court ruling declaring the statutory provision, section, |
|
|
subsection, sentence, clause, phrase, or word facially or totally |
|
|
invalid, preempted, or unconstitutional is vacated or overturned. |
|
|
SECTION 10. Sections 311.021, 311.023, 311.032, 312.005, |
|
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312.006, 312.012, and 312.013, Government Code, are repealed. |
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SECTION 11. This Act takes effect September 1, 2023. |