GOVERNMENT CODE
CHAPTER 312. CONSTRUCTION OF LAWS
SUBCHAPTER A. CONSTRUCTION RULES FOR CIVIL STATUTES
§ 312.001. APPLICATION. This subchapter applies to the
construction of all civil statutes.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 312.002. MEANING OF WORDS. (a) Except as provided by
Subsection (b), words shall be given their ordinary meaning.
(b) If a word is connected with and used with reference to a
particular trade or subject matter or is used as a word of art, the
word shall have the meaning given by experts in the particular
trade, subject matter, or art.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 312.003. TENSE, NUMBER, AND GENDER. (a) Words in the
present or past tense include the future tense.
(b) The singular includes the plural and the plural includes
the singular unless expressly provided otherwise.
(c) The masculine gender includes the feminine and neuter
genders.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 312.004. GRANTS OF AUTHORITY. A joint authority given
to any number of officers or other persons may be executed by a
majority of them unless expressly provided otherwise.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 312.005. LEGISLATIVE INTENT. In interpreting a
statute, a court shall diligently attempt to ascertain legislative
intent and shall consider at all times the old law, the evil, and
the remedy.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 312.006. LIBERAL CONSTRUCTION. (a) The Revised
Statutes are the law of this state and shall be liberally construed
to achieve their purpose and to promote justice.
(b) The common law rule requiring strict construction of
statutes in derogation of the common law does not apply to the
Revised Statutes.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 312.007. REPEAL OF REPEALING STATUTE. The repeal of a
repealing statute does not revive the statute originally repealed.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 312.008. STATUTORY REFERENCES. Unless expressly
provided otherwise, a reference to any portion of a statute, rule,
or regulation applies to all reenactments, revisions, or amendments
of the statute, rule, or regulation.
Added by Acts 1993, 73rd Leg., ch. 131, § 3, eff. May 11, 1993.
SUBCHAPTER B. MISCELLANEOUS PROVISIONS
§ 312.011. DEFINITIONS. The following definitions
apply unless a different meaning is apparent from the context of the
statute in which the word appears:
(1) "Affidavit" means a statement in writing of a fact
or facts signed by the party making it, sworn to before an officer
authorized to administer oaths, and officially certified to by the
officer under his seal of office.
(2) "Comptroller" means the state comptroller of
public accounts.
(3) "Effects" includes all personal property and all
interest in that property.
(4) "Governing body," if used with reference to a
municipality, means the legislative body of a city, town, or
village, without regard to the name or title given to any particular
body.
(5) "Justice," when applied to a magistrate, means
justice of the peace.
(6) "Land commissioner" means the Commissioner of the
General Land Office.
(7) "Month" means a calendar month.
(8) "Oath" includes affirmation.
(9) "Official oath" means the oath required by Article
XVI, Section 1, of the Texas Constitution.
(10) "Person" includes a corporation.
(11) "Preceding," when referring to a title, chapter,
or article, means that which came immediately before.
(12) "Preceding federal census" or "most recent
federal census" means the United States decennial census
immediately preceding the action in question.
(13) "Property" includes real property, personal
property, life insurance policies, and the effects of life
insurance policies.
(14) "Signature" includes the mark of a person unable
to write, and "subscribe" includes the making of such a mark.
(15) "Succeeding" means immediately following.
(16) "Swear" or "sworn" includes affirm or affirmed.
(17) "Written" or "in writing" includes any
representation of words, letters, or figures, whether by writing,
printing, or other means.
(18) "Year" means a calendar year.
(19) "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.
(20) "Population" means the population shown by the
most recent federal decennial census.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 340, § 3, eff. Aug. 28, 1989; Acts
1993, 73rd Leg., ch. 131, § 4, eff. May 11, 1993.
§ 312.012. GRAMMAR AND PUNCTUATION. (a) A grammatical
error does not vitiate a law. If the sentence or clause is
meaningless because of the grammatical error, words and clauses may
be transposed to give the law meaning.
(b) Punctuation of a law does not control or affect
legislative intent in enacting the law.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 312.013. SEVERABILITY OF STATUTES. (a) Unless
expressly provided otherwise, if any provision of a 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.
(b) This section does not affect the power or duty of a court
to ascertain and give effect to legislative intent concerning
severability of a statute.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 312.014. IRRECONCILABLE AMENDMENTS. (a) If statutes
enacted at the same or different sessions of the legislature are
irreconcilable, the statute latest in date of enactment prevails.
(b) 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 to the same statute
enacted at the same session of the legislature 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.
Added by Acts 1989, 71st Leg., ch. 340, § 4, eff. Aug. 28, 1989.
Amended by Acts 1997, 75th Leg., ch. 220, § 3, eff. May 23, 1997.
§ 312.015. QUORUM. A majority of a board or commission
established under law is a quorum unless otherwise specifically
provided.
Added by Acts 1993, 73rd Leg., ch. 268, § 11, eff. Sept. 1, 1993.
§ 312.016. STANDARD TIME. (a) The standard time in
this state is the time at the 90th meridian longitude west from
Greenwich, commonly known as "central standard time."
(b) The standard time in a region of this state that used
mountain standard time before June 12, 1947, is the time at the
105th meridian longitude west from Greenwich, commonly known as
"mountain standard time."
(c) Unless otherwise expressly provided, a reference in a
statute, order, or rule to the time in which an act shall be
performed means the appropriate standard time as provided by this
section.
Added by Acts 1993, 73rd Leg., ch. 268, § 12, eff. Sept. 1, 1993.
