reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter C. Construction of Statutes › Section 311.023. Statute Construction AIDS

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.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter C. Construction of Statutes › Section 311.024. Headings

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.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter C. Construction of Statutes › Section 311.025. Irreconcilable Statutes and Amendments

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.
(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, 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.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter C. Construction of Statutes › Section 311.026. Special or Local Provision Prevails Over General

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.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter C. Construction of Statutes › Section 311.027. Statutory References

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.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter C. Construction of Statutes › Section 311.028. Uniform Construction of Uniform Acts

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.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter C. Construction of Statutes › Section 311.029. Enrolled Bill Controls

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.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter C. Construction of Statutes › Section 311.030. Repeal of Repealing Statute

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.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter C. Construction of Statutes › Section 311.031. Saving Provisions

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.
(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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter C. Construction of Statutes › Section 311.032. Severability of Statutes

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.
(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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter C. Construction of Statutes › Section 311.034. Waiver of Sovereign Immunity

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 (H.B. 2988), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter C. Construction of Statutes › Section 311.035. Construction of Statute or Rule Involving Criminal Offense or Penalty

Sec. 311.035.  CONSTRUCTION OF STATUTE OR RULE INVOLVING CRIMINAL OFFENSE OR PENALTY.  (a) In this section, "actor" and "element of offense" have the meanings assigned by Section 1.07, Penal Code.
(b)  Except as provided by Subsection (c), a statute or rule that creates or defines a criminal offense or penalty shall be construed in favor of the actor if any part of the statute or rule is ambiguous on its face or as applied to the case, including:
(1)  an element of offense; or
(2)  the penalty to be imposed.
(c)  Subsection (b) does not apply to a criminal offense or penalty under the Penal Code or under the Texas Controlled Substances Act.
(d)  The ambiguity of a part of a statute or rule to which this section applies is a matter of law to be resolved by the judge.
Added by Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter C. Construction of Statutes › Section 311.036. Construction of Abortion Statutes

Sec. 311.036.  CONSTRUCTION OF ABORTION STATUTES.  (a)  A statute that regulates or prohibits abortion may not be construed to repeal any other statute that regulates or prohibits abortion, either wholly or partly, unless the repealing statute explicitly states that it is repealing the other statute.
(b)  A statute may not be construed to restrict a political subdivision from regulating or prohibiting abortion in a manner that is at least as stringent as the laws of this state unless the statute explicitly states that political subdivisions are prohibited from regulating or prohibiting abortion in the manner described by the statute.
(c)  Every statute that regulates or prohibits abortion is severable in each of its applications to every person and circumstance.  If any statute that regulates or prohibits abortion is found by any court to be unconstitutional, either on its face or as applied, then all applications of that statute that do not violate the United States Constitution and Texas Constitution shall be severed from the unconstitutional applications and shall remain enforceable, notwithstanding any other law, and the statute shall be interpreted as if containing language limiting the statute's application to the persons, group of persons, or circumstances for which the statute's application will not violate the United States Constitution and Texas Constitution.
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 312 - Construction of Laws › Subchapter A. Construction Rules for Civil Statutes › Section 312.001. Application

Sec. 312.001.  APPLICATION.  This subchapter applies to the construction of all civil statutes.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 312 - Construction of Laws › Subchapter A. Construction Rules for Civil Statutes › Section 312.002. Meaning of Words

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 312 - Construction of Laws › Subchapter A. Construction Rules for Civil Statutes › Section 312.003. Tense, Number, and Gender

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 312 - Construction of Laws › Subchapter A. Construction Rules for Civil Statutes › Section 312.004. Grants of Authority

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 312 - Construction of Laws › Subchapter A. Construction Rules for Civil Statutes › Section 312.005. Legislative Intent

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 312 - Construction of Laws › Subchapter A. Construction Rules for Civil Statutes › Section 312.006. Liberal Construction

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 312 - Construction of Laws › Subchapter A. Construction Rules for Civil Statutes › Section 312.007. Repeal of Repealing Statute

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 312 - Construction of Laws › Subchapter A. Construction Rules for Civil Statutes › Section 312.008. Statutory References

Sec. 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, Sec. 3, eff. May 11, 1993.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 312 - Construction of Laws › Subchapter B. Miscellaneous Provisions › Section 312.011. Definitions

Sec. 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, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 340, Sec. 3, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 131, Sec. 4, eff. May 11, 1993.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 312 - Construction of Laws › Subchapter B. Miscellaneous Provisions › Section 312.012. Grammar and Punctuation

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 312 - Construction of Laws › Subchapter B. Miscellaneous Provisions › Section 312.013. Severability of Statutes

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 312 - Construction of Laws › Subchapter B. Miscellaneous Provisions › Section 312.014. Irreconcilable Amendments

Sec. 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, Sec. 4, eff. Aug. 28, 1989.  Amended by Acts 1997, 75th Leg., ch. 220, Sec. 3, eff. May 23, 1997.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 312 - Construction of Laws › Subchapter B. Miscellaneous Provisions › Section 312.015. Quorum

Sec. 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, Sec. 11, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 312 - Construction of Laws › Subchapter B. Miscellaneous Provisions › Section 312.016. Standard Time

Sec. 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, Sec. 12, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 313 - Notice for Local and Special Laws › Section 313.001. Notice

Sec. 313.001.  NOTICE.  A person who intends to apply for the passage of a local or special law must give notice of that intention as prescribed by this chapter.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 313 - Notice for Local and Special Laws › Section 313.002. Publication or Posting of Notice for Laws Affecting Localities

Sec. 313.002.  PUBLICATION OR POSTING OF NOTICE FOR LAWS AFFECTING LOCALITIES.  (a)  A person who intends to apply for the passage of a local or special law must publish notice of that intention in a newspaper published in the county embracing the locality the law will affect.
(b)  The notice must be published once not later than the 30th day before the date on which the intended law is introduced in the legislature.
(c)  The notice is sufficient if it contains a statement of the general purpose and substance of the intended law and the name of the person paying for the publication. Publication of the particular form of the intended law or the terms used in the intended law is not required.
(d)  If the intended law will affect more than one county, the person applying for passage of the law must publish notice in each county the law will affect.
(e)  If a newspaper is not published in the county, the person applying for passage of the law must post the notice at the courthouse door and at five other public places in the immediate locality in the county the law will affect.
(f)  The posted notice must accurately define the locality the law will affect.
(g)  The notice must be posted for at least 30 days.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 815 (H.B. 2365), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 313 - Notice for Local and Special Laws › Section 313.003. Publication of Notice for Laws Primarily Affecting Persons

Sec. 313.003.  PUBLICATION OF NOTICE FOR LAWS PRIMARILY AFFECTING PERSONS.  (a)  If a resident of this state intends to apply for passage of a law that will primarily affect persons and will not directly affect a particular locality more than it will affect another, the person applying for passage must publish notice in a newspaper published in the county in which the person resides in the same manner as if the law will affect the locality.
(b)  If the applicant is not a resident of this state, publication of notice in a newspaper published in Austin is sufficient.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 313 - Notice for Local and Special Laws › Section 313.004. Proof of Publication or Posting

Sec. 313.004.  PROOF OF PUBLICATION OR POSTING.  (a)  If publication of notice in a newspaper is required by law, proof of publication shall be made by the affidavit of the publisher accompanied by a printed copy of the notice as published.
(b)  Proof of posting may be made by the return of the sheriff or constable or by the affidavit of a credible person made on a copy of the posted notice showing the fact of the posting.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 313 - Notice for Local and Special Laws › Section 313.005. Introduction of Law

Sec. 313.005.  INTRODUCTION OF LAW.  When a local or special law is introduced in the legislature, the law must be accompanied by competent proof that notice was given.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 314 - Fiscal Notes and Cost Projections › Section 314.001. System of Fiscal Notes

Sec. 314.001.  SYSTEM OF FISCAL NOTES.  The Legislative Budget Board shall establish a system of fiscal notes identifying the probable costs of each bill or resolution that authorizes or requires the expenditure or diversion of state funds for a purpose other than one provided for in the general appropriations bill.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 314 - Fiscal Notes and Cost Projections › Section 314.002. Cost Estimates

Sec. 314.002.  COST ESTIMATES.  In preparing a fiscal note, the board shall project cost estimates for a five-year period that begins on the effective date of the bill or resolution and shall state whether or not costs or diversions will be involved after that period.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 314 - Fiscal Notes and Cost Projections › Section 314.003. Attachment to Bill or Resolution

Sec. 314.003.  ATTACHMENT TO BILL OR RESOLUTION.  (a)  If a fiscal note is required on a bill or resolution, it must be attached to the bill or resolution as provided by the rules of the appropriate house of the legislature.
(b)  The fiscal note must be printed as part of the committee report of the bill or resolution and as part of all subsequent printings, as provided by the rules of the appropriate house of the legislature.
(c)  The fiscal note must remain with the bill or resolution throughout the legislative process, including submission to the governor.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1250 (H.B. 4181), Sec. 20, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 314 - Fiscal Notes and Cost Projections › Section 314.004. Equalized Education Funding Impact Statement

Sec. 314.004.  EQUALIZED EDUCATION FUNDING IMPACT STATEMENT.  (a)  The board shall prepare for each bill or resolution that affects public education an equalized education funding impact statement.
(b)  The impact statement must evaluate the effect of the bill or resolution on all state equalized funding requirements and policies.
(c)  The impact statement must be attached to the bill or resolution immediately following:
(1)  the fiscal note attached under Section 314.003; or
(2)  if a dynamic fiscal impact statement is prepared under Section 314.005, the dynamic fiscal impact statement.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 1, Sec. 1.18, eff. Sept. 1, 1990.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1108 (H.B. 464), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 314 - Fiscal Notes and Cost Projections › Section 314.005. Dynamic Fiscal Impact Statement on Tax or Fee Measure

Sec. 314.005.  DYNAMIC FISCAL IMPACT STATEMENT ON TAX OR FEE MEASURE.  (a)  The board shall prepare a dynamic fiscal impact statement for each bill or joint resolution:
(1)  that raises or lowers the rate or amount of a tax or fee or proposes an amendment to the Texas Constitution that would raise or lower the rate or amount of a tax or fee; and
(2)  for which a fiscal note is prepared indicating a positive or negative impact on revenue of at least $75 million annually.
(b)  The dynamic fiscal impact statement must, based on dynamic scoring principles, project for the five-year period beginning on the proposed effective date of the change in the rate or amount of the tax or fee the estimated fiscal and economic impacts of raising or lowering the rate or amount of the tax or fee as proposed, including the impact on:
(1)  tax or fee receipts; and
(2)  the costs of the specific program, if any, that the tax or fee is designed to directly support.
(c)  In this section, "dynamic scoring principles" means a method of estimating the pace of economic growth or the change in the aggregate level of economic output and incomes, in response to a change in the rate or amount of a tax or fee, that takes into consideration factors including:
(1)  the direct impact on tax or fee receipts and, if the tax or fee is designed to directly support a specific program, on program costs;
(2)  the effects on incentives to work, save, invest, and conduct economic affairs;
(3)  the resulting change in the overall level of economic activity;
(4)  the impact of the resulting higher or lower level of economic activity on tax or fee receipts and, if the tax or fee is designed to directly support a specific program, on program costs; and
(5)  a calculation of the net impact of the legislation proposing the change on the unified budget.
(d)  The dynamic fiscal impact statement must be attached to the bill or resolution immediately following the fiscal note attached under Section 314.003.
(e)  On the fifth anniversary of the effective date of a bill that becomes law for which a dynamic fiscal impact statement was prepared under this section, the comptroller shall prepare and submit to the presiding officer of each house of the legislature a report that assesses the accuracy of the relevant fiscal note prepared for the bill and the accuracy of the relevant dynamic fiscal impact statement prepared for the bill.
Added by Acts 2009, 81st Leg., R.S., Ch. 1108 (H.B. 464), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 315 - Economic Impact Statement › Section 315.001. Short Title

Sec. 315.001.  SHORT TITLE.  This chapter may be cited as the Economic Impact Statement Act.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 315 - Economic Impact Statement › Section 315.002. Definition

Sec. 315.002.  DEFINITION.  In this chapter, "state agency" means:
(1)  any department, commission, board, office, or other agency that:
(A)  is in the executive branch of state government;
(B)  has authority that is not limited to a geographical portion of the state;  and
(C)  was created by the constitution or a statute of this state;  or
(2)  an institution of higher education as defined by Section 61.003, Education Code, other than a public junior college or community college.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 315 - Economic Impact Statement › Section 315.003. State Policy

Sec. 315.003.  STATE POLICY.  Recognizing the impact of the laws and rules of this state on the economy, employment, and enterprise of its people, the legislature declares that the continuing policy of this state is to maintain and create conditions that will sustain and promote the economy, employment, and economic opportunities of the people of Texas.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 315 - Economic Impact Statement › Section 315.004. Economic Impact Statement

Sec. 315.004.  ECONOMIC IMPACT STATEMENT.  (a)  At the request of the lieutenant governor or speaker of the house of representatives, a state agency shall prepare an economic impact statement for any pending bill or joint resolution that directly affects that agency.  Preparation of the statement shall be coordinated through the Legislative Budget Board director.
(b)  The economic impact statement must include:
(1)  a brief description of the nature and effect of the proposal;  and
(2)  a statement of the manner and extent to which the proposal, if implemented, will directly or indirectly during each of the two years following its effective date:
(A)  affect employment in the state, including the number of people affected, the geographic area or areas affected, and the existing level of employment and unemployment in those areas;
(B)  affect the construction, modification, alteration, or utilization of any structure, equipment, facility, process, or other asset in the state, including the estimated dollar measure of the action and the geographic area or areas affected;
(C)  result in changes in costs of goods and services in the state;
(D)  result in changes in revenue and expenditures of state and local governments;  and
(E)  have economic impacts within the state other than those specifically described by this subsection.
(c)  An economic impact statement that omits any information required by this chapter must specifically note the omission, state the reason for the omission, and estimate the additional time and effort required to obtain the information.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter A. Limit on Growth of Appropriations › Section 316.001. Limit

Sec. 316.001.  LIMIT.  (a)  For purposes of this subchapter, "consolidated general revenue appropriations" means appropriations from:
(1)  the general revenue fund in the state treasury;
(2)  a dedicated account in the general revenue fund in the state treasury; or
(3)  a general revenue-related fund in the state treasury as identified in the biennial statement required of the comptroller under Section 49a, Article III, Texas Constitution.
(b)  The rate of growth of appropriations in a state fiscal biennium from state tax revenues not dedicated by the constitution may not exceed the estimated rate of growth of the state's economy.
(c)  The rate of growth of consolidated general revenue appropriations in a state fiscal biennium may not exceed the estimated average biennial rate of growth of this state's population during the state fiscal biennium preceding the biennium for which appropriations are made and during the state fiscal biennium for which appropriations are made, adjusted by the estimated average biennial rate of monetary inflation in this state during the same period, as determined under Section 316.002.
(d)  For purposes of this subchapter, the following appropriations must be excluded from computations used to determine whether appropriations exceed the amount authorized by Subsection (c):
(1)  an appropriation for a purpose that provides tax relief; or
(2)  an appropriation to pay costs associated with recovery from a disaster declared by the governor under Section 418.014.
(e)  The Legislative Budget Board shall determine the rates described by Subsection (c) using the most recent information available from sources the board considers reliable, including the United States Bureau of Labor Statistics Consumer Price Index and the Texas Demographic Center.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 437 (S.B. 1336), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter A. Limit on Growth of Appropriations › Section 316.003. Publication

Sec. 316.003.  PUBLICATION.  Before the Legislative Budget Board approves the items of information required by Section 316.002, the board shall publish in the Texas Register the proposed items of information and a description of the methodology and sources used in the calculations.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter A. Limit on Growth of Appropriations › Section 316.004. Public Hearing

Sec. 316.004.  PUBLIC HEARING.  Not later than December 1 of each even-numbered year, the Legislative Budget Board shall hold a public hearing to solicit testimony regarding the proposed items of information and the methodology used in making the calculations required by Section 316.002.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter A. Limit on Growth of Appropriations › Section 316.005. Adoption by Committee

Sec. 316.005.  ADOPTION BY COMMITTEE.  (a)  After the Legislative Budget Board approves the items of information required by Section 316.002, the board shall submit the information to a committee composed of the governor, lieutenant governor, speaker of the house of representatives, and comptroller of public accounts.
(b)  Not later than the 10th day after the date on which the board submits the items, the committee shall meet and finally adopt the items, either as submitted by the board or as amended by the committee.
(c)  If the committee fails to act within the 10-day period prescribed by Subsection (b), the items of information submitted by the board are treated as if the committee had adopted them as submitted.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter A. Limit on Growth of Appropriations › Section 316.006. Limit on Budget Recommendations

Sec. 316.006.  LIMIT ON BUDGET RECOMMENDATIONS.  Unless authorized by majority vote of the members of the board from each house, the Legislative Budget Board budget recommendations:
(1)  relating to the proposed appropriations from state tax revenues not dedicated by the constitution may not exceed the limit on appropriations from those sources adopted by the committee under Section 316.005; and
(2)  relating to the proposed consolidated general revenue appropriations may not exceed the limit on appropriations from those sources adopted by the committee under Section 316.005.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 437 (S.B. 1336), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter A. Limit on Growth of Appropriations › Section 316.007. Transmission of Recommendations

Sec. 316.007.  TRANSMISSION OF RECOMMENDATIONS.  (a)  The Legislative Budget Board shall include in its budget recommendations:
(1)  the proposed limit of appropriations from state tax revenues not dedicated by the constitution; and
(2)  the proposed limit of consolidated general revenue appropriations.
(b)  The board shall transmit the recommendations to the governor and to each member of the legislature.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 437 (S.B. 1336), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter A. Limit on Growth of Appropriations › Section 316.008. Effect of Limit; Enforcement

Sec. 316.008.  EFFECT OF LIMIT;  ENFORCEMENT.  (a)  Unless the legislature adopts a resolution under Section 22, Article VIII, Texas Constitution, raising the proposed limit on appropriations from state tax revenues not dedicated by the constitution, the proposed limit is binding on the legislature with respect to all appropriations for the next state fiscal biennium made from those revenues.  The proposed limit on consolidated general revenue appropriations is binding on the legislature with respect to all appropriations for the next state fiscal biennium made from those sources unless the legislature adopts a resolution raising the proposed limit that is approved by a record vote of three-fifths of the members of each house of the legislature.  The resolution must find that an emergency exists, identify the nature of the emergency, and specify the amount authorized.  The excess amount authorized under this subsection may not exceed the amount specified in the resolution.
(b)  The rules of the house of representatives and senate shall provide for enforcement of Subsection (a).
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 437 (S.B. 1336), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter A. Limit on Growth of Appropriations › Section 316.009. Submission of Bill by Governor

Sec. 316.009.  SUBMISSION OF BILL BY GOVERNOR.  The governor may prepare a general appropriation bill and submit printed copies of it to the lieutenant governor, speaker of the house of representatives, and each member of the legislature.  The bill must be submitted not later than the 30th day of the legislature's regular session, except that if a person is inaugurated as governor who was not governor preceding the inauguration, the bill must be submitted not later than the 20th day after the date of that inauguration.
Added by Acts 1987, 70th Leg., ch. 147, Sec. 2, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter B. References to General Appropriations Act › Section 316.011. Legislative Intent

Sec. 316.011.  LEGISLATIVE INTENT.  It is the intent of the legislature that references in law to a specific article of the General Appropriations Act be by article title only.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 316.012.  CONSTRUCTION OF REFERENCE.  If a statute enacted or last amended before 1982 refers by number to an article of the General Appropriations Act, the reference means the article of the current General Appropriations Act, regardless of numerical designation, that corresponds in substance to the numerically cited article as it existed on the date of the enactment or most recent amendment of the statute.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter C. Appropriations Bills › Section 316.021. Introduction of Appropriations Bills

Sec. 316.021.  INTRODUCTION OF APPROPRIATIONS BILLS.  The lieutenant governor or the speaker of the house may cause the general appropriations bills prepared by the governor and by the director of the Legislative Budget Board to be introduced in the senate and house, or any member of the legislature may introduce the bills in the appropriate branch of the legislature.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter C. Appropriations Bills › Section 316.022. Committee Hearings

Sec. 316.022.  COMMITTEE HEARINGS.  (a)  Hearings on the appropriations bills prepared by the director of the Legislative Budget Board and by the governor shall be conducted by the House Appropriations Committee and the Senate Finance Committee.
(b)  The committees may begin preliminary hearings on the budget after receiving the bill prepared by the director without waiting for submission of the bill prepared by the governor.
(c)  Each head of a government department, institution, or other agency requesting an appropriation is entitled to appear before either committee in behalf of the requested appropriation.  A state taxpayer is entitled to appear and to be heard at any hearing on a proposed appropriation.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter C. Appropriations Bills › Section 316.023. Authorization to Find Fact

Sec. 316.023.  AUTHORIZATION TO FIND FACT.  The governor may find any fact specified by the legislature in an appropriation Act as a contingency for the expenditure of a designated item of appropriation.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 13, eff. Sept. 1, 1993.