Rules Of Construction

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.