Reading Statutes and Bills

How to Read a Statute

Many statutes are straightforward and easily understood, and others are more complicated. Cross-references, dependent subdivisions, and exceptions to a statute's application can make the meaning difficult to follow.

Here are a few tips:

  • Read the complete heading.

    The heading establishes how the section fits into the organization of the entire code.

    LABOR CODE

    TITLE 2. PROTECTION OF LABORERS

    SUBTITLE C. WAGES

    CHAPTER 62. MINIMUM WAGE

    SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 62.003. EARNINGS STATEMENTS

  • Check for the context of the statute.

    Think of the statute as a unit of law that is part of a series of units of law, and scan the contents to see what sections precede and follow the section you are reading. If there is a short title section (usually at the beginning of the chapter or subchapter), read it.

  • Check for a definitions section.

    A definitions section, if present, is usually found at the beginning of a chapter or subchapter. A definition may be used in the statutes to avoid repetition of a long term — for example, to indicate that "department" in a particular section refers to the Department of State Health Services. Make sure you understand references to general terms like "department," "agency," or "executive director."

    Sec. 62.001. SHORT TITLE
    Sec. 62.002. DEFINITIONS
    Sec. 62.003. EARNINGS STATEMENTS
    Sec. 62.004. PROVISION OF INFORMATION
    Sec. 62.005. COLLECTIVE BARGAINING NOT IMPAIRED
    Sec. 62.006. FRANCHISORS EXCLUDED
    Additional Sources for Definitions

    The Code Construction Act (Chapter 311, Government Code) applies to all codes enacted as part of the statutory revision program.

    Chapter 312, Government Code, applies to civil statutes generally.

  • Pay close attention to format and organization.

    Look for breaks in the statute text. Assume everything in the statute has meaning, including punctuation and format.

  • Look for key verbs.

    Legislative drafters use important action words such as "may," "shall," or "must" to indicate whether a provision requires or authorizes some action or condition.

    Key Verbs Meaning
    Shall Signals a duty imposed on a person or entity
    May Signals a privilege or discretionary power
    Must Signals a condition or a prerequisite
    Is entitled to Signals a right, as opposed to a discretionary power
    Shall not / May not Signals a prohibition

  • Look for exceptions to the application of the statute.

    Exceptions are signaled by keywords such as "certain," "only," "under," "over," "more than," "less than," "if," and "unless." "And" or "or" connecting a final element to the rest of a series often indicates whether all or only one of the elements of the series are needed to satisfy conditions set by the statute.

  • Do not skip over words that you do not know or fully understand.

    Do not rely only on common understanding for the meaning of a word about which you are unsure, and do not assume that a word (e.g., "person") has the same meaning that it has in everyday conversation. Use statutory context and definitions to determine the precise meaning of the word.

  • Read through cross-referenced sections in their entirety.

    Legislative drafters avoid repetition of text by cross-referencing other statutory provisions. If a cross-reference is to an entire chapter or subchapter, at least read through that chapter's or subchapter's table of contents and definitions section to understand the context.

    Try reading this example initially without opening the cross-reference.

    • Sec. 93.012. EFFECT OF CLOSING. (a) A day on which a savings bank or one or more of its operations are closed under Section 93.011 during all or part of its normal business hours is considered to be a legal holiday to the extent the savings bank suspends operations.

    Without reading Section 93.011, the reader lacks an important detail about the circumstances under which the bank has closed.

    Now click on the highlighted cross-reference.

    Sec. 93.011. EMERGENCY CLOSING. (a) If the officers of a savings bank determine that an emergency that affects or may affect the savings bank’s offices or operations exists or is impending, the officers, as reasonable, may determine: . . . .

    Section 93.011 establishes that the closing referred to by Section 93.012 is an emergency closing.