Texas 2023 - 88th Regular

Texas House Bill HB2139

Filed
2/9/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to statutory construction.

Impact

If enacted, HB 2139 would clarify the overall construction of statute interpretations, limiting courts from using legislative history or statements from individual legislators as interpretive aids. By doing so, the bill may streamline legal processes, as courts would be compelled to apply a textual interpretation aligned with the plain meanings of statutory language. The introduction of a severability clause would also ensure that if a part of the statute is deemed unconstitutional, the remaining components can still stand and be enforceable.

Summary

House Bill 2139 seeks to provide clarity in the interpretation of statutes in Texas, focusing particularly on the definitive use of terms such as 'shall' and 'must'. The bill amends existing provisions of the Government Code, reiterating that 'shall' imposes a duty and should not be interpreted as discretionary in nature. It is aimed at reinforcing the legislative intent behind laws to prevent ambiguity in judicial interpretations, thereby ensuring that statutes can be uniformly applied across cases.

Sentiment

The sentiment around HB 2139 appears to be supportive among its sponsors and those advocating for clearer statutory language, seeing it as a necessary step toward reducing judicial activism in legislative interpretations. However, there may be concerns about restricting judicial discretion and the broader consequences this could have for legal interpretations moving forward. Overall, proponents argue that it would help in maintaining the integrity of legislative efforts, while opponents might fear it limits judicial budget in reviewing the implications of laws.

Contention

One notable point of contention is the extent to which the prohibitions on using legislative history for interpretation may undermine nuanced understandings of legislation that do consider the intent behind laws. Critics might argue that it could lead to misapplications of the law in unique cases, as courts may struggle to interpret statutes that require consideration of context beyond plain text. The debate may reflect broader tensions around the balance of power between legislative intent and judicial review in Texas.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 311. Code Construction Act
    • Section: New Section
    • Section: 025
    • Section: 026
    • Section: 028
    • Section: New Section
    • Section: 025
  • Chapter 312. Construction Of Laws
    • Section: New Section
    • Section: New Section
    • Section: 012
    • Section: 013

Companion Bills

No companion bills found.

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