The statute was amended in 1985, the amendments taking effect after the Linder and Las Vegas decisions were rendered. Acts 1985, 69th Leg. You contend the 1985 amendment to article 6812h does not suggest that the statute should now be given retroactive application. Retroactive statutes are generally viewed with disfavor. There is a general presumption that a statute is intended to operate prospectively and not retroactively, even when there is no constitutional impediment against retroactive application.
Any doubt is to be resolved in favor of a prospective operation.
It is presumed further that an amendment to a statute is to operate prospectively only. These presumptions may be overcome if it appears plainly or by fair implication from the language used that the legislature intended the statute or amendment to have retroactive application. Moreover, the legislature may enact a law that by its terms is retrospective in operation, provided no impairment of vested rights results. As you observe in your brief to this office, the language added to article 6812h in 1985 imparted no retrospective effect upon the statute. The retroactivity provision was deleted in the House of Representatives, however.