The bill, S.B. No. 1796, proposes significant amendments to the Government Code regarding statutory construction in Texas. Key changes include the clarification that the term "shall" imposes a duty without indicating discretion, while "must" imposes a requirement that either creates a duty or recognizes a condition precedent. New sections are added to prohibit courts from considering legislative intent or legislative history when interpreting statutes, mandating that courts enforce the statutory text as written. Additionally, the bill introduces provisions regarding the severability of statutes, ensuring that unless explicitly stated otherwise, all parts of a statute are severable, and that a court's declaration of unconstitutionality does not invalidate the entire statute.

The bill also addresses grammatical or scrivener's errors, stating that such errors do not invalidate a law and allowing courts to interpret statutes in a manner consistent with ordinary understanding. Furthermore, it emphasizes that a waiver of sovereign immunity must be clear and unambiguous, and it repeals several existing sections of the Government Code that may conflict with these new provisions. The act is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Government Code 311.016, Government Code 311.025, Government Code 311.026, Government Code 311.028, Government Code 311.034, Government Code 311.021 (Government Code 311)