Reading Statutes and Bills

Putting It All Together

Here are three bills that have been considered by the Texas Legislature, showing examples of underlining and bracketing and discussing points that must be considered when reading and understanding the bills.

Click on the highlighted portions to see comments on the examples.

Example 1

The change illustrated by this bill is fairly simple.

AN ACT

relating to the designation of certain fire marshals and related officers, inspectors, and investigators as peace officers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 2.12, Code of Criminal Procedure, is amended to read as follows:

Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace officers:

(1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

...

(34) officers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section; [and]

(35) investigators commissioned by the Texas Juvenile Probation Commission as officers under Section 141.055, Human Resources Code; and

(36) the fire marshal and any related officers, inspectors, or investigators commissioned by a county under Subchapter B, Chapter 352, Local Government Code.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.

In essence, the bill amends the Code of Criminal Procedure to include among those considered peace officers the fire marshal and any related officers, inspectors, or investigators appropriately commissioned by a county.

Example 2

First, scan the caption and the section heading to Section 105.052, Alcoholic Beverage Code.

A BILL TO BE ENTITLED
AN ACT

relating to the hours for the wholesale delivery or sale of beer in certain counties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 105, Alcoholic Beverage Code, is amended by adding Section 105.052 to read as follows:

Sec. 105.052. SALE OF BEER BY DISTRIBUTOR’S LICENSEE IN CERTAIN METROPOLITAN AREAS.   In addition to the hours specified for the sale of beer in Section 105.05(b), the holder of a general, local, or branch distributor’s license whose premises is located in a county with a population of 1.8 million or more or in a county adjacent to a county with a population of 1.8 million or more may sell, offer for sale, or deliver beer beginning at 4 a.m. on any day except Sunday.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

In summary, the bill amends the Alcoholic Beverage Code to authorize the holder of a general, local, or branch distributor's license whose premises is located in a county with a population of at least 1.8 million or in a county adjacent to such a county to sell or deliver beer beginning at 4 a.m. on any day except Sunday. This is in addition to any other period during which the sale or delivery of beer is authorized.

Section 105.05(b), Alcoholic Beverage Code

(b) A person may sell, offer for sale, or deliver beer between 7 a.m. and midnight on any day except Sunday. On Sunday he may sell beer between midnight and 1:00 a.m. and between noon and midnight, except that permittees or licensees authorized to sell for on-premise consumption may sell beer between 10:00 a.m. and noon if the beer is served to a customer during the service of food to the customer.

Example 3

A BILL TO BE ENTITLED
AN ACT

relating to the payment of damages awarded against members of local governments, including directors of soil and water conservation districts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 102.001, Civil Practice and Remedies Code, is amended to read as follows:

Sec. 102.001. DEFINITIONS. In this chapter:

(1) “Employee” includes an officer, volunteer, or employee, a former officer, volunteer, or employee, and the estate of an officer, volunteer, or employee or former officer, volunteer, or employee of a local government. The term includes a member of a governing board. The term does not include a county extension agent.

(2) “Local government” means a county, city, town, special purpose district, including a soil and water conservation district, and any other political subdivision of the state.

SECTION 2. The amendment by this Act of Section 102.001, Civil Practice and Remedies Code, is intended to clarify rather than change the existing law.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

The bill clarifies that the authority of a local government to pay actual damages awarded against one of its employees and to provide legal counsel in a suit for such damages may be exercised by a soil and water conservation district on behalf of a member of the district's governing board.