CHAPTER 311. CODE CONSTRUCTION ACT

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GOVERNMENT CODE

TITLE 3. LEGISLATIVE BRANCH

SUBTITLE B. LEGISLATION

CHAPTER 311. CODE CONSTRUCTION ACT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 311.001. SHORT TITLE. This chapter may be cited as the

Code Construction Act.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1985, 69th Leg., ch. 117, Sec. 13(b), eff. Sept.

1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 340, Sec. 1, eff. Aug. 28,

1989.

Sec. 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, Sec. 1, eff. May 11,

1993.

SUBCHAPTER B. CONSTRUCTION OF WORDS AND PHRASES

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. May 23,

1997.

SUBCHAPTER C. CONSTRUCTION OF STATUTES

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 340, Sec. 2, eff. Aug. 28,

1989; Acts 1997, 75th Leg., ch. 220, Sec. 2, eff. May 23, 1997.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1993, 73rd Leg., ch. 131, Sec. 2, eff. May 11,

1993.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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. Statutory

prerequisites to a suit, including the provision of notice, are

jurisdictional requirements in all suits against a governmental

entity.

Added by Acts 2001, 77th Leg., ch. 1158, Sec. 8, eff. June 15,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1150, Sec. 1, eff. September 1, 2005.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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