Statutory And Constitutional Construction

Consideration of Texas Constitution article III, section 49-k regarding the Texas Mobility Fund|Texas courts do not use ballot language to construe a constitutional amendment.|Ballot language of a proposed constitutional amendment is sufficient if it identifies the amendment, showing its character and scope, that is, its intent, import, subject matter, or theme.

Crude oil production tax, repeal of|Repeal and amendment of crude oil production tax provisions

Board of Managers of independent school district, period of appointment|Code Construction Act, application to Education Code|Savings provisions of Code Construction Act

Determination as to whether board or commission is advisory must be made by examination of constitutional and statutory provisions which created board or commission and which conferred duties on them|Certain boards or commissions that are "required by this constitution," legislature is not required to increase or decrease number of board members to comply with article XVI, section 30a of Texas Constitution|Article XVI, sections 30 and 30a of the Texas Constitution, civilian appointees to Commission are subject to|Article XVI, sections 30 and 30a of the Texas Constitution, lone military appointee to Commission included in determining number of members of Commission but would not be subject to|Voting ex officio members of boards or commissions are included in determining number of members of board or commission for purposes of article XVI, section 30a|Article XVI, sections 30 and 30a, members of advisory boards and advisory commissions are not "officers" for purposes of|Certain boards that are "required by this constitution," legislature is not required to increase or decrease number of board members to comply with article XVI, section 30a|Certain boards that are not "required by this constitution," legislature must increase or decrease number of board members to comply with article XVI, section 30a

Subspecialty, Board may deny license to practice medicine to applicant who received training at international institution accredited in specialty but not in particular subspecialty|Same|Subject|Agency construction of statute the agency is charged with administering is not unreasonable as a matter of law because the construction has changed over the years|International training institution accredited in specialty but not subspecialty, applicant for license to practice medicine who received training may be denied license|Medicine, applicant for license to practice who was trained at international institution accredited in specialty but not in particular subspecialty may be denied license

Statewide local rules of administration for statutory probate courts, presiding judge of the statutory probate courts may adopt|Statutory probate courts, presiding judge of the statutory probate courts may adopt statewide local rules of administration for

Hearing date for appeal of denial of mortgage broker license, hearings officer must schedule the hearing for a date no later than thirty days after the date the Commissioner receives the applicant's appeal|Last antecedent, under the doctrine of the last antecedent "a qualifying phrase must be confined to the words and phrases immediately preceding it to which it may be applied without impairing the meaning of the sentence"

Different phrases in a statute are intended to mean different things|Particular purpose, we presume the legislature chooses each word or phrase to serve a|Corporal Punishment|Corporal punishment, a school district may bring a disciplinary action against a professional employee if the use is inconsistent with the district's policy, although a school district may not bring an action against an employee who uses physical force as

Retirement systems, a retired City of Houston employee may not receive benefits from multiple retirement systems for the same service|Constitutional prohibition on a person receiving Benefits from multiple retirement systems for the same service would preclude a retired City of Houston employee from receiving a pension from the Houston Municipal Employee Pension System as well as a bene|System of Retirement Benefits|Common understanding, court generally interprets words of constitution in accordance with

Nonprofit corporation status, Border Health Institute need not obtain as it has statutory authority to solicit funding from public and private sources|State procurement and contracting rules, Border Health Institute need not comply with|Border Health Institute must comply with the Act|Border Health Institute is subject to the Act|Border Health Institute receives funds appropriated by legislature, but is not considered a state agency within executive branch of state government or a local political subdivision|Sovereign immunity, Border Health Institute may or may not be entitled to

Applicants for medical license examination, State Board of Medical Examiners' interpretation of sections 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of a|Medical license examination, applicants must complete within a mandatory time period|Applicants for medical license examination, State Board of Medical Examiners' interpretation of section 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of at|Applicants for medical license examination, Board's interpretation of sections 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of attempts allowed to take ex

Statutes regulating the manner of holding an election are directory and a departure from their provisions will not ordinarily invalidate an election, unless each departure affects or changes the result of the election|Statutory enactments concerning elections must be liberally construed in order to ascertain and effectuate the will of the voters|Submission of election predict returns to the Secretary of State, whether county's timely submission constitutes certification of election results within Texas Racing Act is fact question for the Commission|Certification of local option election results to Secretary of State within ten days, statute requiring is directory|Results of a local option election on pari-mutuel wagering propositions must be certified to the Secretary of State before the Texas Racing Commission may accept or act on a license application|Certification of election results is ministerial task

Management fees deducted from mutual funds, whether payable only from appropriated funds|Permanent School Fund, payment from appropriation of expenses of managing|Constitution, construction of is governed by same rules as construction of statutes|Mutual Fund|Investment Company

Legislative authorization for provision of employee benefits, chapter 157 of the Local Government Code is, and is not another insurance law of this state|Self-funded benefit plans, by express terms, section 1201.062 of the Texas Insurance Code applies to|Self-funded plan that is not a health benefit plan, provisions of Texas Insurance Code that apply to health benefit plans do not apply to|Health benefit plan, pursuant to chapter 1501 of the Texas Insurance Code a self-funded plan of a political subdivision does not constitute a|Business of insurance, benefit plan established by political subdivision is not engaged in|Self-funded benefit plan is not insurance because it does not involve shifting of risk or loss

Further participation in a matter, whether prohibition on bars interested public officer from attending executive session relating to matter|Participation|Adverse Party|Criminal provisions, notice of prohibited conduct in and applicable rules of construction|Litigation|"Litigation" within Open Meetings Act includes contested permit hearing before the Board of Directors of the Clearwater Underground Water Conservation District|Contested permit hearing before the Board of Directors of the Clearwater Underground Water Conservation District is "litigation" within Open Meetings Act

Live Oak Treaty of 1838 between the Lipan Apache Indian Tribe and the Republic of Texas, subsequent Council Springs Treaty executed by Lipan Indians and the United States abrogates|Supreme law of the land, Indian treaties supersede conflicting state laws or state constitutional provisions|Takings restrictions of the Fifth Amendment, the right of Congress to abrogate treaty is limited by|Vested rights under Indian treaties, Congress may not impair but may supersede or abrogate by legislation or subsequent treaty|Abrogate treaty rights, intent to must be expressed clearly and unequivocally|Remedy a claimed injustice, Indian treaties cannot be rewritten or expanded beyond their clear terms to

Irreconcilable conflict, silence in one statutory provision as to other statutory provision does not constitute|Irreconcilable conflict, mere difference between two statutes does not in itself constitute|Full effect, amendments to section 1301.002, Occupations Code, Plumbing License Law, contained in House Bill 3507 from the 78th Legislature should be given|Drain Cleaner|Drain Cleaner-Restricted Registrant|Executive Director|Journeyman Plumber|Plumber's Apprentice|Plumbing Inspector|Residential Utilities Installer|Tradesman Plumber-Limited License Holder

County that is the on-site sewage facility permitting authority, sheriffs and their deputies are subject to the Commission on Environmental Quality's prohibition from working as an on-site sewage facility installer within the permitting authority's jurisdiction|On-site sewage facility installer, county sheriffs and their deputies are subject to the Commission on Environmental Quality's prohibition from working as an installer when the county is the permitting authority|On-site sewage facility permitting authority, sheriffs and their deputies are subject to the Commission's prohibition from working as an on-site sewage facility installer when the county is the permitting authority|An agency's reasonable construction of its rule is entitled to deference

Assignment, eligibility of former and retired judges who qualified for service prior to amendment to section 74.055(c) of the Government Code to sit by|Grandfather clause applicable to former and retired judges who qualified for service by assignment prior to amendment to Government Code section 74.055(c)

Assisted living facility, an establishment that furnishes food and shelter to four or more persons who are unrelated to the proprietor and that requires those persons to obtain personal care services through a particular licensed home health agency must be licensed as|Assisted living facility, proprietor may not, by requiring residents to use a particular personal care services provider, abridge residents' rights to choose such providers|Agency interpretation of a statute is entitled to serious consideration if (1) the agency is charged with the statute's enforcement; (2) the interpretation is reasonable; and (3) the interpretation is not contrary to the statute's plain language|Provides|Right

Water supply and sewer systems, provision in economically distressed areas|Irreconcilably conflict, when two amendments adopted by the same legislature, the later enacted prevails|Affected county

General savings clause, retroactive application of House Bill 1823 enacted by Seventy-ninth Legislature

Lease of municipality's mineral property, subchapter A, chapter 71 of Natural Resources Code irreconcilably conflicts with section 253.005 of Local Government Code; section 253.005 prevails as the more specific enactment|Municipality's lease of its mineral property, subchapter A, chapter 71 of Natural Resources Code irreconcilably conflicts with section 253.005 of Local Government Code; section 253.005 is the more specific enactment and prevails|Municipality's lease of its mineral property, subchapter A, chapter 71 of Natural Resources Code irreconcilably conflicts with section 253.005 of Local Government Code; section 253.005 prevails as it is the more specific enactment|Municipality's lease of its mineral property, subchapter A, chapter 71 of the Natural Resources Code irreconcilably conflicts with section 253.005 of the Local Government Code; section 253.005 is the more specific enactment and therefore prevails|Municipality's lease of its mineral property, subchapter A, chapter 71 of the Natural Resources Code irreconcilably conflicts with section 253.005 of the Local Government Code; section 253.005 as the more specific enactment prevails

Sex offender registration statute; registration based on out-of-state offense|Comprehensive enactment intended to include all the law on the subject with which it deals evidences a legislative intent to repeal former statutory law

Taxation, personal property that is not required to be rendered for taxation is not thereby exempt from|Exemptions from taxation must be strictly construed and may not be raised by implication|Rendition requirement, a motor vehicle that need not be rendered under Tax Code section 22.01(k) is not thereby exempt from taxation

Nonsubstantive codification, the unambiguous language of must be effectuated unless there is an obvious error or effectuating the statute as written would lead to an absurd result\r\n|Health insurance and benefits for employees and their dependents, an authorized organization licensed to conduct bingo games is not allowed to incur expenses for

Agency orders, when void\r\nAuthority of agency to reopen orders that have become administratively final\r\n|Authority of Lottery Commission to reopen an order granting a transfer of a commercial lessor license that has become administratively final\r\n\r\nOrders of the Texas Lottery Commission, when void\r\n\r\nTransfer of a commercial bingo lessor license to a person other than a corporation formed or owned by the license holder|Authority of Commission to reopen an order granting a transfer of a commercial lessor license that has become administratively final\r\n\r\nOrders of the Commission, when void\r\n\r\nTransfer of a commercial bingo lessor license to a person other than a corporation formed or owned by the license holder\r\n|Codification to be give effect over prior repealed statute if specific provisions of a codification and the code as a whole are direct, unambiguous, and cannot be reconciled with prior law\r\n

Education Code section 11.0581 requires a school district with three-year trustee terms to change to four-year terms in order to comply with its election dates\r\n|Expired statute has no force or effect|Expired

Procedural rule that requires a vote of greater than a majority of the number of members of the Board present and voting, Board may not adopt

Mass gathering, single permit for a mass gathering may not be issued for multiple events|Mass gathering

Failure to attend school, procedure that must be followed when complaint or referral is filed against student who has accumulated ten or more unexcused absences within a six-month period|Failure to attend school, procedure that must be followed when complaint or referral is filed against student who has accumulated ten or more unexcused absences with a six-month period|Multiple amendments to one statute occurring at the same legislative session must be harmonized unless they are irreconcilable

Mechanic's lien, an auto repair shop may not assert on a vehicle on which it has performed no repairs|Lien statute is to be liberally construed to protect laborers and material men, yet cannot be construed contrary to the statute's plain language

Fact questions cannot be answered in an attorney general opinion|Subdivision plats, authority over in county’s unincorporated area|Extraterritorial jurisdiction of city, county and city required to enter into contract authorizing one set of subdivision and platting regulations in|Construction of does not involve an abstract issue of law but an issue of law predicated upon the facts of the individual case|Subdivision plats in extraterritorial jurisdiction, municipal authority over|Technical term not defined by statute, court may interpret statute in the light of expert testimony about the particular art, science, or trade

Visual recordings of persons arrested for DWI, certain counties required to maintain equipment to make|Incorporation by reference\r\n\r\nUncodified provision of law

Residential appliance installer, authority to work on pools|Comma, a court may omit if it distorts the Legislature’s intention, as determined from the statute

Catalog purchasing provision of section 2157.0611 of the Government Code, to the extent that it is currently in effect, does not apply to purchases by an independent school district.|Amendment of statute after its repeal, effect of

Two enactments of the 82nd Legislature, House Bills 3109 and 2702, may be harmonized in such a manner that House Bill 3109 prevails and thus amends section 36.121, Water Code|House Bill 3109, an act of the 82nd Legislature, specifically declares that it prevails over any conflicting act of the same legislature, and thus prevails over House Bill 2702|House Bill 3109, an act of the 82nd Legislature, prevails over House Bill 2702, and thus amends section 36.121, Water Code

Financial interest in a retail hearing instrument company, subsection 402.053(d) of the Occupations Code prohibits the doctor member of the State Committee of the Examiners in the Fitting and Dispensing of Hearing Instruments from having a|Financial interest in a retail hearing instrument company, subsection 402.053(d) of the Occupations Code prohibits the doctor member of the Committee from having a|As the administrative agency that oversees the regulation of hearing instruments, the Committee is authorized to determine the scope of the meaning of the prohibition in subsection 402.053(d) of the Occupations Code|Absent statutory definitions of appropriate terms or other meaningful guidance from the Legislature or Texas courts on the meaning of the phrase \\"retail hearing instrument company,\\" in section 402.053(d) of the Occupations Code, we cannot definitively determine the scope of that phrase

Boundaries of another district, a conservation and reclamation district may generally conduct works within, except under certain circumstances

Whether Texas Advertising Fee Statute is preempted by federal Cigarette Label and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinion|Texas law provides that preempted provisions of a state statute may be severed to leave the remaining statute effective if remaining statute is capable of being executed in accordance with legislative intent|Whether Texas Advertising Fee Statute is preempted by the federal Cigarette Labeling and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinion|Whether unconstitutional provision of state statute is severable is a matter of state law. A provision is severable if the remaining statute is capable of execution independent of that which was stricken|Free speech, whether the Texas Advertising Fee Statute violates free speech protections is a fact-intensive question that cannot be resolved in an attorney general opinion|Whether the Texas Advertising Fee Statute as it applies to cigarettes is preempted by the federal Cigarette Labeling and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinion|Whether the federal Cigarette Labeling and Advertising Act preempts the Texas Advertising Fee Statute is a fact-intensive question that cannot be resolved in an attorney general opinion|By providing that a fee shall be remitted, the Texas Advertising Fee Statute imposes a requirement upon purchasers of outdoor cigarette advertising

Government Code subsection 51.607(a)directs the Comptroller to identify laws \\"that impose[] or change[] the amount of a court cost or fee.\\"|Government Code subsection 51.607(a) provides an illustrative list of the types of court costs or fees applicable under the subsection.|Under Government Code subsection 51.607(a), the phrase \\"fee or charge for services or to cover the expenses of a public official or agency\\" is not a separate category unto itself.|Government Code subsection 51.607 as a whole describes costs or fees that are judicial in nature.|Local Government Code section 118.011 sets out a county clerk\\'s fee schedule for several non-court-related fees. It permits a clerk to set and collect the Records Management Preservation Fee (RMP).|When implementing an official\\'s interpretation conflicts with the statute\\'s plain language, we cannot defer to the official\\'s view and must advise that the plain language be enforced.|Including|court cost or fee

Health spa, filing of security bond with|Grandfather clause, repeal of

Long-standing construction of its statute by agency given deference by courts

Code Construction Act rule that when amendments are irreconcilable latest in date of enactment prevails does not apply when legislature has provided specific instructions regarding conflicting bills passed in same session|Minority business enterprises, municipal program to award public contracts to does not create an exemption to competitive bidding|Minority business enterprises, requirements for municipal program to award public contracts to

Validity of enrolled bill will not be impeached when legislation challenged under article III, section 30 of Texas Constitution|EMS personnel recertification, authority of Department of Health to require examination for|Legislation challenged under article III, section 30, validity of enrolled bill will not be impeached|EMS personnel recertification, authority to require examination for|Legislation challenged under article III, section 30 of Texas Constitution, validity of enrolled bill will not be impeached

Bill referencing other bills passed at same session with directions for interpretation, rules of construction do not apply to|Gambling device

Lottery, operation of slot machines does not constitute for purposes of article III, section 47|Definition of "bet," legislature may not revise in contravention of constitution|Ballot proposition language and contemporaneous newspaper accounts provide evidence of electorate's intent in adopting constitutional amendment|Slot machine|Lottery

Compulsory school attendance law, parent or guardian's failure to require child to observe punishable by fine|Conflicting bills, last bill enacted prevails over other bills amending same statute at same legislative session|Conflicting bills, newly enacted language of statute in one bill prevails over reenacted language of same statute in different bill at same legislative session

Inconsistent with statute, rule of civil procedure must yield if|Notary public may videotape oral deposition if certified shorthand reporter simultaneously transcribes the deposition|Videographer may record oral deposition if certified shorthand reporter simultaneously transcribes the deposition

Rent action, citation must be served in compliance with rules for issuance and service of citation in ordinary civil proceedings|Forcible entry and detainer actions, rules for issuance and service of citation do not apply to suits for rent that are joined|Rent action, service of defendant according to rules in forcible entry and detainer suit does not confer personal jurisdiction in|Civil procedure rules with doubtful meaning, construe to avoid mischievous consequences and applications that would violate constitutional rights

Driver training course taught by parent or legal guardian to minor, authority of Department to make rules for curriculum|Legislative intent found in unambiguous language of statute|Minor taught to drive by parent or legal guardian, licensing requirements for|Parent or legal guardian who teaches minor to drive, eligibility for approval as driver training course

Surgery|Definition may not be imported from one statute to a prior-enacted statute (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999))|Therapeutic optometrist, authority of Board to define surgery for purposes of limiting practice of (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999))|Surgery, therapeutic optometrist may not perform (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999))

Automobile club not authorized to reimburse members for expenses incurred in obtaining automobile-related services|Automobile club may not contract to reimburse members for expenses incurred in obtaining automobile-related services|Nonsubstantive revision must be construed consistent with statutory predecessor|Legislative deletion of item from bill indicates legislative intent to reject proposal

Agricultural land acquired by state, whether subject to rollback tax|Rollback tax, if agricultural land acquired by state subject to|Construction of agricultural use statutes entitled to consideration only to extent reasonable and consistent with statute|Agricultural land acquired for Superconducting Super Collider project, whether subject to rollback tax|Agency construction of statute agency authorized to enforce entitled to consideration only to extent reasonable and consistent with statute|Land acquired by state

Fixed-point residence requirement, statute exempting certain honorably discharged, resident veterans from college tuition is probably unconstitutional|Fixed-point residence requirement, statute exempting certain honorably discharged, resident veterans from tuition is probably unconstitutional|Retroactively applied, a court probably would use three-part test to determine whether judicially modified statute will be

Article III, section 36 of the Texas Constitution, whether bill complies with requirements of is determined as of date of passage and not as of effective date|Surrogate decision makers, chapter 597 of the Health and Safety Code providing for continues to exist after August 31, 1997 as amended by 75th Legislature

Removal requirements, statute disqualifying certain officers construed to incorporate|Retroactive law, whether statute disqualifying officer who becomes a candidate for another office constitutes|Hold over, whether disqualified officer holds over depends upon application of constitutional removal requirements|Statute disqualifying water district director who becomes a candidate for another office, constitutionality of|Retroactive application, presumption against|Constitutional, presumption that legislature intended statute to be

Security hardware|Ejusdem generis, general words following particular terms will be limited in meaning by the particular terms under rule of|Courthouse security fund, clip-on microphones for deputy sheriffs' portable radios are not "security hardware" that commissioners court may purchase with monies from

Temporary service retirement option for certain state employees whose positions are eliminated because of privatization or other reductions in workforce|Post-enactment statement by legislature or in sponsor's statement about bill, legislative intent is not found in

Conflicting amendments to statute enacted in same session, latest in date of enactment prevails|Foreclosure sale, distribution of excess proceeds after resale of property by taxing unit

Due process, Texas courts traditionally have interpreted state requirement to be coextensive with federal requirements|Polygraph examination, examinee not entitled to counsel during|Self-incrimination, polygraph examinee may have right to claim privilege against|Polygraph examiner who learns during course of examination that child may have been abused or neglected must report suspicion|Agency designated by the court to be responsible for the protection of children|General statute that conflicts with special statute, special statute is an exception to the general statute unless general statute was enacted later and manifestly intended to prevail

Court reporting firms, registration of|Register|Penal statutes and statutes penal in nature, strict construction of|Penal statutes must be sufficiently definite so that persons subject to them may know what they mean and who is liable to punishment for violations|Legislative history, consideration of to determine legislative intent|Court reporting firms, registration of and application of rules to

Specific legislative statement that one bill prevail over any other similar legislation enacted in same session takes precedence over rule of statutory construction that legislation must be harmonized and, if that is not possible, the later enacted provis

Appraisal roll, petition to change in prior tax years based on failure to allocate value of business aircraft according to recently enacted statute|Business aircraft used outside the state, allocation of value that fairly reflects use in state and petition to change appraisal roll based on|Prospective application, in absence of express statement of legislative intent statutes are presumed to have|Taxable situs of business aircraft used outside the state|Business aircraft used outside of state, allocation of value required only if aircraft has acquired taxable situs in another state|Commerce Clause limitations on taxation of business aircraft used outside the state|Prospective application, statutes are presumed to have in absence of express statement of legislative intent

Grandfather clause, section 6.412 of Tax Code does not contain, and is therefore applicable to all members of appraisal review board serving on effective date of statutory amendment|Legal counsel to appraisal district, individual who serves as is ineligible for appointment to appraisal review board|Appraisal review board, individual who serves as legal counsel to appraisal district is not eligible for appointment to

Deferred compensation plan, water district directors may not participate in|Deferred compensation plan, district directors may not participate in|Retirement system, district directors may not participate in|Water district directors may not participate in water district's public retirement system or deferred compensation plan|Heading may neither limit nor expand plain text of statute

Tuition or fee, school district may not charge unless it is specifically authorized to do so by statute or constitution|Tuition, school district not authorized to charge for student attending a prekindergarten program or for kindergarten student under the age of five or over the age of twenty-one|Fee by implication, statute must be strictly construed against fixing

Fraudulent filing provisions of section 9.412 of the Business and Commerce Code do not apply to any transaction listed in section 9.104 thereof

Rule of "Fleming Foods v. Rylander" will not be followed when recodification is not "direct, unambiguous, and incapable of being reconciled with prior law"|Cattle guard, Webb County Commissioners Court has no authority to replace on county road

Validation of unconstitutional statute may be accomplished by adoption of constitutional provision that expressly or impliedly validates it or by reenactment of statute after constitution has been amended to authorize such legislation|Captured market value|Tax increment financing under Urban Renewal Law may be implemented by municipality only with the approval of the voters|Taxable value of property in school district as determined by Comptroller's study does not include "captured market value" of property in tax increment district established under Urban Renewal Law|Taxable value of property in school district as determined by comptroller does not include "captured market value" of property in tax increment district established under Urban Renewal Law|Urban Renewal Law's tax increment financing provisions were unconstitutional when adopted in 1977 but validated by reenactment in 1987

Pardon that is not given for proof of subsequent innocence does not obliterate offense but generally absolves doer of legal consequences|Firearms, felon who has been fully pardoned may possess; defendant accused of felony whose verdict has been set aside or who has been permitted to withdraw a guilty plea may possess handgun without violating criminal law|Verdict has been set aside or guilty plea has been withdrawn, defendant in such case may possess firearm without regard to section 46.04 of the Penal Code|Felon who has been fully pardoned may possess firearm, as may defendant who has been convicted of felony but whose verdict has been set aside or who has been permitted to withdraw guilty plea|Term, when Legislature defines a term in one statute and uses same term in relation to same subject matter in a later statute, we may presume that Legislature used the term in the same way|Convicted

Air Control Act, construction of provisions regarding notice of intent under the Act to apply for permit to relocate portable facility and regarding exemption of existing concrete crushing facility from statutory limits on location|Unambiguous statutory language in amendment to Air Control Act will be construed according to plain meaning because result is not absurd|Existing

Where referenced statute does not exist, referencing statute cannot be applied|Continuing education courses regarding traffic and highway laws and the use of radar equipment, peace officer not currently required to attend

Conflict of interest provisions, statute applying to boards created on behalf of municipal water systems is not retroactive and thus not applicable to San Antonio Water System|Boards created on behalf of municipal water systems, statute applying conflict of interest provisions to is not retroactive and thus not applicable to San Antonio Water System

Statute that appears to delegate authority to private entity which promulgates codes for installation, alteration, operation, and inspection of elevators, escalators, and related equipment must be construed to incorporate only those editions of codes that|Private entity, statute that adopts by reference standards promulgated by private entity may not be construed to incorporate editions of those standards adopted after the statute|Delegates authority to private entity that promulgates codes for installation, alteration, operation, and inspection of elevators, escalators, and related equipment, statute that may appear to must be construed to incorporate only those editions of codes |Elevators, escalators, and related equipment, Department may not adopt revisions of American Society of Mechanical Engineers (ACME) codes adopted subsequent to 1995 amendments to section 754.014 of Health and Safety Code

Consistent|Consolidated|Same legislative session, multiple amendments to same statute adopted during should be harmonized if possible|Extraterritorial jurisdiction, county and municipality may adopt a unified "set of regulations related to plats and subdivisions of land" within municipality's that combines municipal and county regulations and that eliminates conflicts between them|Plats and subdivisions of land within municipality's extraterritorial jurisdiction, county and municipality may adopt a unified "set of regulations related to" that combines municipal and county regulations and that eliminates conflicts between them

Visiting judges, provisions increasing retirement benefits for apply only to persons retiring after effective date|Present tense indicates prospective rather than retroactive operation of provision|Prospective operation; presumption of

Eligible project in an enterprise zone, authority to grant additional and concurrent designation in a single enterprise zone enterprise to a qualified business|Eligible project in an enterprise zone, additional and concurrent designation of a qualified business in a single enterprise zone for additional job allocation and sales tax refund|Post-enactment statements by legislators are not evidence of legislative intent|Eligible project in an enterprise zone, additional and concurrent designation of a qualified business in a single enterprise zone

Water Code subsection 12.013(a) authorizes the Public Utility Commission to fix reasonable rates for the furnishing of raw or treated water for any purpose under Water Code chapter 11 or 12. Water Code section 51.305 pertains to specific expenses a water control and improvement district may allocate to certain users. The two provisions do not conflict. Under the plain terms of subsection 51.305(d), when an authorized party disputes a water control and improvement district’s allocation assessments and other payments necessary to cover the maintenance and operating expenses of its water delivery system, a petition filed with the Texas Commission on Environmental Quality is the sole remedy. Otherwise, the matter is before the Public Utility Commission.

As this office does not resolve factual questions in attorney general opinions, we cannot determine the nature of the underlying dispute and thus cannot answer your question about which entity may have exclusive jurisdiction to hear it.

As the more specific provision, Texas Occupations Code section 201.5065 prevails over sections 53.021 and 201.502. Accordingly, the Board of Chiropractic Examiners does not have discretion regarding whether to suspend or revoke a chiropractor’s license if the licensee has been convicted of an offense within the purview of Texas Occupations Code section 201.5065.

Considering the meaning of “excessive discount” under Alcoholic Beverage Code subsection 102.07(c).