The bill amends the Texas Government Code to clarify statutory construction principles, particularly regarding the terms "shall" and "must." It emphasizes that "shall" imposes a duty without discretion, while "must" establishes a requirement that may create a duty or condition precedent. The bill introduces new sections that prohibit courts from considering legislative intent or history in statutory interpretation, requiring strict adherence to the statutory text. Additionally, it states that courts are not obligated to defer to state agency interpretations unless they are reasonable and align with the law's plain language. The amendments also address severability, asserting that all parts of a statute are severable unless explicitly stated otherwise, and clarifying that grammatical errors do not invalidate a law.
Furthermore, the bill introduces new legal language regarding the interpretation of provisions deemed invalid by a court, allowing them to remain applicable to certain persons or circumstances that do not violate federal law or constitutions until the court's ruling is overturned. It also repeals several sections of the Government Code, specifically Sections 311.021, 311.023, 311.032, 312.005, 312.006, 312.012, and 312.013. The provisions of this Act are 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)