GOVERNMENT CODE
SUBTITLE B. LEGISLATION
CHAPTER 311. CODE CONSTRUCTION ACT
SUBCHAPTER A. GENERAL PROVISIONS
§ 311.001. SHORT TITLE. This chapter may be cited as
the Code Construction Act.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.002. APPLICATION. This chapter applies to:
(1) each code enacted by the 60th or a subsequent
legislature as part of the state's continuing statutory revision
program;
(2) each amendment, repeal, revision, and reenactment
of a code or code provision by the 60th or a subsequent legislature;
(3) each repeal of a statute by a code; and
(4) each rule adopted under a code.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.003. RULES NOT EXCLUSIVE. The rules provided in
this chapter are not exclusive but are meant to describe and clarify
common situations in order to guide the preparation and
construction of codes.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.004. CITATION OF CODES. A code may be cited by its
name preceded by the specific part concerned. Examples of
citations are:
(1) Title 1, Business & Commerce Code;
(2) Chapter 5, Business & Commerce Code;
(3) Section 9.304, Business & Commerce Code;
(4) Section 15.06(a), Business & Commerce Code; and
(5) Section 17.18(b)(1)(B)(ii), Business & Commerce
Code.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1985, 69th Leg., ch. 117, § 13(b), eff. Sept. 1, 1985.
§ 311.005. GENERAL DEFINITIONS. The following
definitions apply unless the statute or context in which the word or
phrase is used requires a different definition:
(1) "Oath" includes affirmation.
(2) "Person" includes corporation, organization,
government or governmental subdivision or agency, business trust,
estate, trust, partnership, association, and any other legal
entity.
(3) "Population" means the population shown by the
most recent federal decennial census.
(4) "Property" means real and personal property.
(5) "Rule" includes regulation.
(6) "Signed" includes any symbol executed or adopted
by a person with present intention to authenticate a writing.
(7) "State," when referring to a part of the United
States, includes any state, district, commonwealth, territory, and
insular possession of the United States and any area subject to the
legislative authority of the United States of America.
(8) "Swear" includes affirm.
(9) "United States" includes a department, bureau, or
other agency of the United States of America.
(10) "Week" means seven consecutive days.
(11) "Written" includes any representation of words,
letters, symbols, or figures.
(12) "Year" means 12 consecutive months.
(13) "Includes" and "including" are terms of
enlargement and not of limitation or exclusive enumeration, and use
of the terms does not create a presumption that components not
expressed are excluded.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 340, § 1, eff. Aug. 28, 1989.
§ 311.006. INTERNAL REFERENCES. In a code:
(1) a reference to a title, chapter, or section
without further identification is a reference to a title, chapter,
or section of the code; and
(2) a reference to a subtitle, subchapter, subsection,
subdivision, paragraph, or other numbered or lettered unit without
further identification is a reference to a unit of the next larger
unit of the code in which the reference appears.
Added by Acts 1993, 73rd Leg., ch. 131, § 1, eff. May 11, 1993.
SUBCHAPTER B. CONSTRUCTION OF WORDS AND PHRASES
§ 311.011. COMMON AND TECHNICAL USAGE OF
WORDS. (a) Words and phrases shall be read in context and
construed according to the rules of grammar and common usage.
(b) Words and phrases that have acquired a technical or
particular meaning, whether by legislative definition or
otherwise, shall be construed accordingly.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.012. TENSE, NUMBER, AND GENDER. (a) Words in the
present tense include the future tense.
(b) The singular includes the plural and the plural includes
the singular.
(c) Words of one gender include the other genders.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.013. AUTHORITY AND QUORUM OF PUBLIC BODY. (a) A
grant of authority to three or more persons as a public body confers
the authority on a majority of the number of members fixed by
statute.
(b) A quorum of a public body is a majority of the number of
members fixed by statute.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.014. COMPUTATION OF TIME. (a) In computing a
period of days, the first day is excluded and the last day is
included.
(b) If the last day of any period is a Saturday, Sunday, or
legal holiday, the period is extended to include the next day that
is not a Saturday, Sunday, or legal holiday.
(c) If a number of months is to be computed by counting the
months from a particular day, the period ends on the same numerical
day in the concluding month as the day of the month from which the
computation is begun, unless there are not that many days in the
concluding month, in which case the period ends on the last day of
that month.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.015. REFERENCE TO A SERIES. If a statute refers
to a series of numbers or letters, the first and last numbers or
letters are included.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.016. "MAY," "SHALL," "MUST," ETC. The following
constructions apply unless the context in which the word or phrase
appears necessarily requires a different construction or unless a
different construction is expressly provided by statute:
(1) "May" creates discretionary authority or grants
permission or a power.
(2) "Shall" imposes a duty.
(3) "Must" creates or recognizes a condition
precedent.
(4) "Is entitled to" creates or recognizes a right.
(5) "May not" imposes a prohibition and is synonymous
with "shall not."
(6) "Is not entitled to" negates a right.
(7) "Is not required to" negates a duty or condition
precedent.
Added by Acts 1997, 75th Leg., ch. 220, § 1, eff. May 23, 1997.
SUBCHAPTER C. CONSTRUCTION OF STATUTES
§ 311.021. INTENTION IN ENACTMENT OF STATUTES. In
enacting a statute, it is presumed that:
(1) compliance with the constitutions of this state
and the United States is intended;
(2) the entire statute is intended to be effective;
(3) a just and reasonable result is intended;
(4) a result feasible of execution is intended; and
(5) public interest is favored over any private
interest.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.022. PROSPECTIVE OPERATION OF STATUTES. A
statute is presumed to be prospective in its operation unless
expressly made retrospective.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.023. STATUTE CONSTRUCTION AIDS. In construing a
statute, whether or not the statute is considered ambiguous on its
face, a court may consider among other matters the:
(1) object sought to be attained;
(2) circumstances under which the statute was enacted;
(3) legislative history;
(4) common law or former statutory provisions,
including laws on the same or similar subjects;
(5) consequences of a particular construction;
(6) administrative construction of the statute; and
(7) title (caption), preamble, and emergency
provision.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.024. HEADINGS. The heading of a title, subtitle,
chapter, subchapter, or section does not limit or expand the
meaning of a statute.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.025. IRRECONCILABLE STATUTES AND
AMENDMENTS. (a) Except as provided by Section 311.031(d), if
statutes enacted at the same or different sessions of the
legislature are irreconcilable, the statute latest in date of
enactment prevails.
(b) Except as provided by Section 311.031(d), if amendments
to the same statute are enacted at the same session of the
legislature, one amendment without reference to another, the
amendments shall be harmonized, if possible, so that effect may be
given to each. If the amendments are irreconcilable, the latest in
date of enactment prevails.
(c) In determining whether amendments are irreconcilable,
text that is reenacted because of the requirement of Article III,
Section 36, of the Texas Constitution is not considered to be
irreconcilable with additions or omissions in the same text made by
another amendment. Unless clearly indicated to the contrary, an
amendment that reenacts text in compliance with that constitutional
requirement does not indicate legislative intent that the reenacted
text prevail over changes in the same text made by another
amendment, regardless of the relative dates of enactment.
(d) In this section, the date of enactment is the date on
which the last legislative vote is taken on the bill enacting the
statute.
(e) If the journals or other legislative records fail to
disclose which of two or more bills in conflict is latest in date of
enactment, the date of enactment of the respective bills is
considered to be, in order of priority:
(1) the date on which the last presiding officer
signed the bill;
(2) the date on which the governor signed the bill; or
(3) the date on which the bill became law by operation
of law.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 340, § 2, eff. Aug. 28, 1989; Acts
1997, 75th Leg., ch. 220, § 2, eff. May 23, 1997.
§ 311.026. SPECIAL OR LOCAL PROVISION PREVAILS OVER
GENERAL. (a) If a general provision conflicts with a special or
local provision, the provisions shall be construed, if possible, so
that effect is given to both.
(b) If the conflict between the general provision and the
special or local provision is irreconcilable, the special or local
provision prevails as an exception to the general provision, unless
the general provision is the later enactment and the manifest
intent is that the general provision prevail.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.027. STATUTORY REFERENCES. Unless expressly
provided otherwise, a reference to any portion of a statute or rule
applies to all reenactments, revisions, or amendments of the
statute or rule.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 131, § 2, eff. May 11, 1993.
§ 311.028. UNIFORM CONSTRUCTION OF UNIFORM ACTS. A
uniform act included in a code shall be construed to effect its
general purpose to make uniform the law of those states that enact
it.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.029. ENROLLED BILL CONTROLS. If the language of
the enrolled bill version of a statute conflicts with the language
of any subsequent printing or reprinting of the statute, the
language of the enrolled bill version controls.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.030. REPEAL OF REPEALING STATUTE. The repeal of a
repealing statute does not revive the statute originally repealed
nor impair the effect of any saving provision in it.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.031. SAVING PROVISIONS. (a) Except as provided
by Subsection (b), the reenactment, revision, amendment, or repeal
of a statute does not affect:
(1) the prior operation of the statute or any prior
action taken under it;
(2) any validation, cure, right, privilege,
obligation, or liability previously acquired, accrued, accorded,
or incurred under it;
(3) any violation of the statute or any penalty,
forfeiture, or punishment incurred under the statute before its
amendment or repeal; or
(4) any investigation, proceeding, or remedy
concerning any privilege, obligation, liability, penalty,
forfeiture, or punishment; and the investigation, proceeding, or
remedy may be instituted, continued, or enforced, and the penalty,
forfeiture, or punishment imposed, as if the statute had not been
repealed or amended.
(b) If the penalty, forfeiture, or punishment for any
offense is reduced by a reenactment, revision, or amendment of a
statute, the penalty, forfeiture, or punishment, if not already
imposed, shall be imposed according to the statute as amended.
(c) The repeal of a statute by a code does not affect an
amendment, revision, or reenactment of the statute by the same
legislature that enacted the code. The amendment, revision, or
reenactment is preserved and given effect as part of the code
provision that revised the statute so amended, revised, or
reenacted.
(d) If any provision of a code conflicts with a statute
enacted by the same legislature that enacted the code, the statute
controls.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.032. SEVERABILITY OF STATUTES. (a) If any
statute contains a provision for severability, that provision
prevails in interpreting that statute.
(b) If any statute contains a provision for
nonseverability, that provision prevails in interpreting that
statute.
(c) In a statute that does not contain a provision for
severability or nonseverability, if any provision of the statute or
its application to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the
statute that can be given effect without the invalid provision or
application, and to this end the provisions of the statute are
severable.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 311.034. WAIVER OF SOVEREIGN IMMUNITY. In order to
preserve the legislature's interest in managing state fiscal
matters through the appropriations process, a statute shall not be
construed as a waiver of sovereign immunity unless the waiver is
effected by clear and unambiguous language. In a statute, the use
of "person," as defined by Section 311.005 to include governmental
entities, does not indicate legislative intent to waive sovereign
immunity unless the context of the statute indicates no other
reasonable construction.
Added by Acts 2001, 77th Leg., ch. 1158, § 8, eff. June 15, 2001.
