Tex. Gov't Code Ann. § 311.011

Words and phrases must be read in context and construed according to the rules of grammar and usage when determining a statute's plain meaning.

Mohl v. State · filed 2003-05-29(a)

"Words and phrases shall be read in context and construed according to the rules of grammar and usage."

Words and phrases in a statute are construed according to the rules of grammar and common usage.

Michael L. Hope F/K/A Michael Baumgartner, Independent of the Estate of Dorothy Dolores Baumgartner v. Baumgar · filed 2003-06-26(a)

Toward that goal, we will read and construe "[w]ords and phrases . . . according to the rules of grammar and common usage." Tex. Gov't Code Ann. § 311.011(a) (Vernon 1998).

Section 311.011(a) requires statutory words and phrases to be interpreted in context and according to the rules of grammar and common usage.

Opinion No. · filed 2003-07-29Tex. Gov't Code Ann. § 311.011(a)

"Words and phrases shall be read in context and construed according to the rules of grammar and common usage." Tex. Gov't Code Ann. § 311.011 (a) (Vernon 1998).

Undefined statutory words and phrases are construed according to the rules of grammar and common usage.

Opinion No. · filed 2003-08-20§ 311.011(a)

The term "repair," which is not defined for purposes of section 11.26, must be defined consistently with its "common usage."

Words and phrases must be read in context and construed according to the rules of grammar and common usage.

Opinion No. · filed 2003-09-24(a)

see also Tex. Gov't Code Ann. § 311.011 (a) (Vernon 1998) (words and phrases are read in context and construed according to the rules of grammar and common usage).

Section 311.011(a) directs courts to read statutory words in context and construe them according to their ordinary, common meaning.

Jeanne N. Taylor, D.D.S., D/B/A Jeanne N. Taylor D.D.S., Individually, and on Behalf of All Others Similarly Situated v. · filed 2003-10-02Tex. Gov't Code Ann. § 311.011(a)

In order to ascertain legislative intent, we first look to the plain and common meaning of the words used by the legislature.

Section 311.011(a) requires courts to read statutory words in context and construe them according to ordinary grammar and common usage.

Coggin v. State · filed 2003-10-09(a)

Statutory words are to be "read in context and construed according to the rules of grammar and common usage." Tex. Gov't Code Ann. § 311.011(a) (West 1998).

Words and phrases in a statute must be read in context and construed according to grammar and common usage.

Edwards v. State · filed 2003-10-30(a)

In so reading the proviso and affording the words contained therein their common meaning, see Tex. Gov't Code Ann. §311.011(a) (Vernon 1998) (stating that words and phrases contained in a statute shall be read in context and construed according to the rules of grammar and common usage), one cannot but read it as fairly implying that the reduction was to apply to both past and future arrearages as long as they had yet to be confirmed and reduced to an actual money judgment.

Section 311.011(a) requires statutory words and phrases to be interpreted in context rather than in isolation.

Opinion No. · filed 2004-03-15(a)

see also Tex. Gov't Code Ann. §§ 311.011 (a) (words and phrases to be read in context), 311.021(2)-(3)

Statutory words are construed according to their common usage when determining their meaning.

Opinion No. · filed 2004-05-12Tex. Gov't Code Ann. § 311.011(a)

First, according to its common usage, the word "employ" means "to make use of," "to use or engage the services of," or "to provide with a job that pays wages or a salary." Webster's Ninth New Collegiate Dictionary 480 (9th ed. 1990); see also Tex. Gov't Code Ann. § 311.011 (a) (Vernon 1998) (Code Construction Act) (words in statutes are construed according to their common usage).

Section 311.011(a) requires statutory words and phrases to be interpreted according to their common usage.

Opinion No. · filed 2004-06-03(a)

Tex. Gov't Code Ann. § 311.011 (a) (Vernon 1998) (stating that statutory words and phrases must be construed in accordance with common usage).

When a statute does not define a word, subsection (a) directs courts to give it its ordinary, common-use meaning; here, “remedied” means cured or corrected.

Opinion No. · filed 2004-06-03§ 311.011(a)

According to its common usage, the word "remedy," when used as a verb, means to "cure," to "correct," or "to put right, reform . . . or rectify."

Section 311.011(a) requires statutory words and phrases to be read in context and interpreted according to ordinary rules of grammar and common usage.

Opinion No. · filed 2004-06-14§ 311.011(a)

We construe words and phrases not defined by statute "according to the rules of grammar and common usage." Tex. Gov't Code Ann. § 311.011 (Vernon 1998).

Section 311.011(a) requires statutory words and phrases to be read in context, so a provision must be construed as part of the statute as a whole rather than in isolation.

Opinion No. · filed 2005-04-05§ 311.011(a)

The Alvin CCD construes section 130.161(2)(B) in isolation whereas the Code Construction Act and case law require us to view it in the context of subchapter J as a whole.

Section 311.011(a) requires statutory words and phrases to be interpreted in context, including in light of the statute as a whole.

Opinion No. · filed 2005-08-08(a)

We also construe it in the context of chapter 1704 as a whole. See Helena Chem. Co. v. Wilkins , 47 S.W.3d 486 , 493 (Tex. 2001) ("[W]e must always consider the statute as a whole rather than its isolated provisions. We should not give one provision a meaning out of harmony or inconsistent with other provisions, although it might be susceptible to such a construction standing alone."); see also Tex. Gov't Code Ann. § 311.011 (a) (Vernon 2005) ("Words and phrases shall be read in context[.]")

Words and phrases, including undefined statutory terms, must be read in context and construed according to grammar and common usage.

Opinion No. · filed 2005-08-15(b)

Moreover, while we construe undefined terms according to their common meaning, see Tex. Gov't Code Ann. § 311.011 (b) (Vernon 2005) (Code Construction Act) ("Words and phrases shall be read in context and construed according to the rules of grammar and common usage."), the numerous dictionary definitions we have examined do not provide concrete guidance to enable us to legally define the term so that we may construe it in the context of this statute and these animals.

Section 311.011(a)-(b) requires statutory words and phrases to be given their plain and common meaning and read in context.

Opinion No. · filed 2005-11-07§ 311.011(a)-(b)

Courts construe provisions in context, considering the statute as a whole.

Section 311.011(a) requires statutory words and phrases to be read in context and according to common usage.

Opinion No. · filed 2005-11-18Tex. Gov't Code Ann. § 311.011(a)

We are to read statutory words and phrases "in context" and define them "according to . . . common usage."

Section 311.011(a) requires statutory words and phrases to be read in context as part of the statute as a whole.

Opinion No. · filed 2005-12-28(a)

We must also construe its provisions in context, considering the statute as a whole.

Section 311.011(a) requires an undefined statutory term to be read in context and construed according to the rules of grammar and common usage.

Hadley v. State · filed 2006-02-24(a)

Because the parties have not presented any definition, statutory or otherwise, of the term for purposes of termination proceedings, the Code Construction Act directs that we read the term in context and construe it with the rules of grammar and common usage. Tex. Gov't Code Ann. § 311.011(a) (Vernon 1998).

An undefined statutory term must be read in context and construed according to its common usage.

Opinion No. · filed 2006-02-24§ 311.011(a)

and must therefore "be read in context and construed according to . . . common usage." Tex. Gov't Code Ann. § 311.011 (a) (Vernon 1998).

Statutory words and phrases must be construed according to their common usage and in the context of the statute.

Opinion No. · filed 2006-03-15§ 311.011(a)

"Building" is not defined, but undefined words and terms generally are given their ordinary meaning.

Words and phrases in a statute must be interpreted in the context of the statute as a whole.

Opinion No. · filed 2006-03-16(a)

We must also construe section 533.035(e) in context, considering section 533.035 as a whole and in light of other statutes that govern the delivery of mental health and mental retardation services.

The statute requires statutes to be construed in context, including in light of related provisions governing the same subject.

Opinion No. · filed 2006-04-18(a)

We must construe statutes in context. See Tex. Gov't Code Ann. § 311.011 (a) (Vernon 2005).

Words and phrases in a statute are read in context and construed according to ordinary grammar and common usage, with undefined words given their plain and ordinary meaning.

Cal-Co Grain Company, Inc., Warren Whatley, Harold L. Evans, and Lester Frazier v. Richard Whatley and Wife, Glenda What · filed 2006-08-24§ 311.011(a)

"Words and phrases shall be read in context and construed according to the rules of grammar and common usage."

Words and phrases must be read in context and construed according to the rules of grammar and common usage.

Opinion No. · filed 2006-11-21§ 311.011(a)

we look to the plain and common meaning of the statute's words. See Fitzgerald v. Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864 , 865-66 (Tex. 1999); Tex. Gov't Code Ann. § 311.011 (a) (Vernon 2005) (words and phrases shall be read in context and construed according to the rules of grammar and common usage).

When interpreting a statute, read its words in context and apply the rules of grammar and ordinary common usage.

Opinion No. · filed 2006-12-04(a)

Words and phrases must be read in context and construed according to the rules of grammar and common usage.

Statutory words and phrases must be read in the context of the larger provision rather than in isolation.

Garcia v. State · filed 2006-12-29(a)

(statutory words are to be "read in context”).

Under § 311.011(a), an undefined statutory term is given its common meaning; applying that rule, the court construed “present” as meaning to bring or introduce something into someone’s presence or to offer it for viewing.

Angela Dawn Waldrop v. State · filed 2007-03-22§ 311.011(a)

The Texas Penal Code does not provide a specific definition of the term "present," so we continue our analysis with the understanding that we employ the "common usage" of the term "present," meaning "to bring or introduce into the presence of someone" or "to offer to view." See Tex. Gov't Code Ann. § 311.011 (Vernon 2005); Merriam-Webster's Collegiate Dictionary 982 (11th ed. 2006).

Statutory words and phrases must be interpreted in context and according to ordinary grammar and common usage.

Opinion No. · filed 2007-04-04Tex. Gov't Code Ann. § 311.011(a)

Words and phrases shall be read in context and construed according to the rules of grammar and common usage.

Statutory words and phrases must be read in context and construed according to grammar and common usage.

in the Matter of the Guardianship of Jeremy Lynn Finley · filed 2007-04-19(a)

We approach the statutory text according to the rule that "[w]ords and phrases shall be read in context and construed according to the rules of grammar and common usage." Tex. Gov't Code Ann. § 311.011(a) (Vernon 2005).

Statutory words and phrases must be read in context and interpreted according to grammar and common usage.

Astoria Industries of Iowa, Inc. v. SNF, Inc. · filed 2007-04-26(a)

Words and phrases shall be read in context and construed according to the rules of grammar and common usage.

Section 311.011(a) requires courts to read statutory words and phrases in context when interpreting a statute.

Terra XXI, LTD., Veigel Farm Partners, D/B/A Veigel Partners v. Harmon · filed 2007-07-16§ 311.011(a)

See also Tex. Gov't Code Ann. § 311.011 (Vernon 1998) (instructing courts to construe words and phrases in context).

Section 311.011(a) requires courts to read statutory words and phrases in context and construe them according to the rules of grammar and common usage.

Jim Wells County Appraisal District and Jim Wells County Appraisal Review Board v. Cameron Village, Ltd. · filed 2007-07-18(a)

A court begins with the plain and common meaning of the statute's words. Tex. Gov't Code Ann. § 311.011(a) (Vernon 2005) ("[w]ords and phrases shall be read in context and construed according to the rules of grammar and common usage").

Words and phrases must be read in context and construed according to ordinary grammar and common usage when interpreting a statute.

Omaha Healthcare Center, L.L.C. v. Wilma Johnson, on Behalf of the Estate of Classie Mae Reed · filed 2008-02-08(a)

We approach the statutory text according to the rule that "Words and phrases shall be read in context and construed according to the rules of grammar and common usage." Tex. Gov't Code Ann. § 311.011(a) (Vernon 2005).

Words and phrases must be read in context and construed according to common usage; therefore, “other statute” cannot mean the same statute.

Merritt v. State · filed 2008-04-22(a)

(a) Words and phrases shall be read in context and construed according to the rules of grammar and common usage.

Section 311.011(a) requires statutory words to be interpreted according to grammar and their ordinary, common usage.

Alvarez v. State · filed 2008-05-29(a)

Tex. Gov't Code Ann. § 311.011(a) (Vernon 1998) (words shall be construed according to the rules of grammar and common usage).

Section 311.011(a) requires statutory words and phrases to be interpreted in their context and according to ordinary grammar and common usage, so “this subtitle” referred to the nearby, previously mentioned Subtitle B.

Ex Parte Carlos Morales-Ryan · filed 2008-06-11(a)

Additionally, Morales-Ryan's argument overlooks section 311.011(a) which states "[w]ords and phrases shall be read in context and construed according to the rules of grammar and common usage." ... In context and according to the rules of grammar and common usage, "this subtitle" means the subtitle that is "close by" or "previously mentioned." The "closest" subtitle that was "previously mentioned" is subtitle B.

Subsection (a) requires courts to interpret statutory words and phrases in the context of the entire act, rather than in isolation.

in Re Commitment of Wesley Miller · filed 2008-08-28(a)

our review is not confined to isolated words, phrases, or clauses; rather, we examine the entire act. Id .; see Tex. Gov't Code Ann. § 311.011(a) (Vernon 2005) (instructing courts to construe words and phrases in context).

Section 311.011(a) requires statutory words and phrases to be read in context and interpreted according to ordinary rules of grammar and common usage.

In Re JJ · filed 2008-12-31(a)

see Tex. Gov't Code Ann. § 311.011 (West 2005) ("[w]ords and phrases shall be read in context and construed according to the rules of grammar and common usage").

Section 311.011(a) requires statutory words and phrases to be read in context and according to the rules of grammar and common usage.

In Re Nabors · filed 2009-01-16§ 311.011(a)

Under the Texas Code Construction Act, "[w]ords and phrases shall be read in context and construed according to the rules of grammar and common usage." Tex. Gov't Code Ann. § 311.011 (Vernon 2005).

Section 311.011(a) requires courts to interpret statutory language in context and according to its common meaning when determining legislative intent.

Case name unavailable · filed 2009-04-17(a)

In determining legislative intent, we must read the language contained in the statute in context and in light of its common meaning. Tex. Gov't Code Ann. § 311.011(a) (West 2005).

Section 311.011(a) requires courts to read statutory words and phrases in context and construe them according to ordinary grammar and common usage.

in the Matter of the Marriage of Winfred Marbut and Charlotte Marbut and in the Interest of M. M., a Child · filed 2009-04-17(a)

Words and phrases shall be read in context and construed according to the rules of grammar and common usage.

Undefined statutory words must be read in context and construed according to ordinary grammar and common usage.

in Re Commitment of Jack Kirsch · filed 2009-07-16(a)

Words and phrases shall be read in context and construed according to the rules of grammar and common usage.

Words and phrases must be read in context and construed according to grammar and common usage, including when interpreting an undefined statutory term.

in Re Commitment of Douglas Johnson · filed 2009-09-17(a)

"Words and phrases shall be read in context and construed according to the rules of grammar and common usage." Tex. Gov't Code Ann. § 311.011(a) (Vernon 2005).

Section 311.011(a) requires statutory words and phrases to be read in context and construed according to the rules of grammar and common usage.

APOLLO ENTERPRISES, INC. v. ScripNet, Inc. · filed 2009-12-04(a)

Tex. Gov't Code Ann. § 311.011(a) (West 2005) ("Words and phrases shall be read in context and construed according to the mies of grammar and common usage.”).

Words and phrases in a statute must be read in context and interpreted according to ordinary grammar and common usage.

Apollo Enterprises, Inc. and WorkingRx, Inc. v. ScripNet, Inc. · filed 2009-12-04(a)

"Words and phrases shall be read in context and construed according to the rules of grammar and common usage."

Statutory words and phrases must be read in context and construed according to grammar and common usage.

Texas Department of Public Safety v. Nail · filed 2010-01-08§ 311.011(a)

Tex. Gov't Code Ann. § 311.011 (West 2005) ("[w]ords and phrases shall be read in context and construed according to the rules of grammar and common usage").

Section 311.011(a) requires undefined statutory terms to be interpreted according to ordinary grammar and common usage.

Case name unavailable · filed 2010-02-04(a)

Terms not specifically defined by statute are construed according to the rules of grammar and common usage. See Tex. Gov't Code Ann. § 311.011(a).

Statutory words and phrases must be interpreted in context and according to grammar and common usage.

Opinion No. · filed 2010-03-22(a)

Statutory words and phrases must "be read in context and construed according to the rules of grammar and common usage." Tex. Gov't Code Ann. § 311.011 (a) (Vernon 2005).

Section 311.011(a) directs courts to construe an undefined statutory term according to its common usage when interpreting another statute.

Fort Bend County Toll Road Authority v. Olivares · filed 2010-06-15(a)

Construing the term "contract" according to its common usage, it is clear the legislature intended section 271.160 to refer to any contract entered into by a local governmental entity.

Words and phrases in a statute must be read in context.

Greene v. State · filed 2010-08-26(a)

However, words and phrases in a statute must be read in context.

Section 311.011(a) requires courts to read statutory words and phrases in context and construe them according to ordinary grammar and common usage.

Case name unavailable · filed 2010-08-31§ 311.011(a)

"Words and phrases shall be read in context and construed according to the rules of grammar and common usage."

Words and phrases in a statute must be interpreted in context according to ordinary grammar and common usage.

Wooten v. State · filed 2010-10-06(a)

"Words and phrases shall be read in context and construed according to the rules of grammar and common usage."

Section 311.011(a) requires statutory words and phrases to be read in context and construed according to grammar and common usage.

Case name unavailable · filed 2011-01-21311.011(a)

Words and phrases shall be read in context and construed according to the rules of grammar and common usage.

Section 311.011 requires statutory words to be read in context and according to grammar and common usage, while words with an established technical or particular meaning must be construed according to that meaning.

City of Waco v. Texas Commission on Environmental Quality · filed 2011-06-17(a), (b)

"Words and phrases shall be read in context and construed according to the rules of grammar and common usage," but "[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.

Words and phrases in a statute are read in context and construed according to grammar and common usage.

Smith v. State · filed 2012-01-20(a)

"Words and phrases shall be read in context and construed according to the rules of grammar and common usage."

Section 311.011(b) requires a statutory term with an established technical meaning to be construed according to that meaning, even if the statute does not define it.

Celis, Mauricio Rodriguez · filed 2013-05-15(b)

However, a trial court may define a statutorily undefined term that has an established legal definition or that has acquired a technical meaning that deviates from its meaning in common parlance. ... The term "in good standing" is a technical term because it has "acquired a peculiar and appropriate meaning in the law" and may not be construed according to the traditional rules of grammar and common usage.

Section 311.011(b) requires courts to construe statutory terms according to a particular meaning they have acquired through judicial interpretation.

Overshown v. State · filed 2010-12-02(b)

And when a word or phrase has acquired a technical or particular meaning through judicial interpretation, we construe the language in accordance with that interpretation. ... Consistent with the canons of statutory construction, we may look to the meaning of detained given by courts prior to 1991, when the legislature incorporated the language and distinguished between arrests and detentions.

Section 311.011(b) directs courts to give words with an established technical meaning that meaning; “serve” carries its procedural meaning under Rule 21a.

Raymond R. Fulp, III, D. O. and Columbia Rio Grande Healthcare, L.P., D/B/A Rio Grande Regional Hospital v. Miller · filed 2009-04-02(b)

The Code Construction Act states that "'words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.'" Id. (quoting Tex. Gov't Code Ann. § 311.011(b) (Vernon 2005)). "Serve" and "served" have distinct and familiar legal meanings within the context of the rules of civil procedure. Id. (citing Tex. R. Civ. P. 21a). Given the applicability of the rules of civil procedure to health care liability claims, see Tex. Civ. Prac. & Rem. Code Ann. § 74.002 (Vernon 2005), and the use of "serve" and "served" in the statute, we agree with our sister courts that the Legislature intended for claimants to comply with rule 21a requirements to fulfill the requirements of section 74.351(a).

Section 311.011(b) requires courts to use statutory definitions and the technical or particular meanings that words have acquired.

Arrow Oil & Gas, Inc. v. SemCrude, L.P. (In re SemCrude, L.P.) · filed 2009-06-19(b)

The courts also must use definitions prescribed by the legislature and any technical or particular meaning the words have acquired. Id. (citing Tex. Gov’t Code § 311.011(b)).

Section 311.011(b) requires a statutory term with an established legal meaning to be construed according to that meaning; here, “serve” carries the meaning used in the rules of civil procedure.

Raymond R. Fulp, III, D. O. and Columbia Rio Grande Healthcare, L.P., D/B/A Rio Grande Regional Hospital v. Miller · filed 2009-01-22(b)

The Code Construction Act states that "'words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.'" Id. (quoting Tex. Gov't Code Ann. § 311.011(b) (Vernon 2005)). "Serve" and "served" have distinct and familiar legal meanings within the context of the rules of civil procedure.

Section 311.011(b) directs courts to construe a statutory phrase with an established legal meaning according to that meaning.

State Ex Rel. Abbott v. Young · filed 2008-09-16(b)

The legislature’s use of the phrase “has been granted relief based on actual innocence,” in the context of Texas jurisprudence, manifests intent to limit chapter 103 recoveries solely to claimants who have obtained relief from their convictions through habeas corpus based on “actual innocence” grounds. “Actual innocence” is a term of art that has consistently been used by Texas courts to describe a basis for collaterally attacking, through habeas corpus, a final criminal conviction on constitutional grounds.

Words with a technical or particular meaning are construed according to that meaning, including a relevant statutory definition.

In Re ADP · filed 2008-10-23(b)

Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly. TEX.GOV'T CODE ANN. § 311.011(b)(Vernon 2005); see Tijerina v. City of Tyler, 846 S.W.2d 825, 827 (Tex.1992)(statutory definitions must be given effect). In the Probate Code, the term "guardian" is defined to mean a person who is appointed guardian under Section 693 of the Probate Code, or a temporary or successor guardian. TEX.PROB. CODE ANN. § 601(11). The term "guardian" in Section 102.003(a)(4) of the Family Code must be construed in accordance with the Probate Code's definition of "guardian." We thus conclude that Appellees, as the temporary guardians of A.D.P., had standing to file the SAPCR.

Section 311.011(b) requires courts to give a term its acquired technical or particular meaning; here, the Probate Code definition of “guardian” governed the term in a Family Code standing provision.

in the Interest of A.D.P., a Child · filed 2008-10-23(b)

Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly. Tex.Gov't Code Ann. § 311.011(b)(Vernon 2005); see Tijerina v. City of Tyler, 846 S.W.2d 825, 827 (Tex. 1992)(statutory definitions must be given effect). In the Probate Code, the term "guardian" is defined to mean a person who is appointed guardian under Section 693 of the Probate Code, or a temporary or successor guardian. Tex.Prob.Code Ann. § 601(11). The term "guardian" in Section 102.003(a)(4) of the Family Code must be construed in accordance with the Probate Code's definition of "guardian." We thus conclude that Appellees, as the temporary guardians of A.D.P., had standing to file the SAPCR.

Section 311.011(b) requires courts to give effect to a statutory term’s established technical meaning.

CenterPoint Energy Houston Electric, LLC v. Gulf Coast Coalition of Cities · filed 2008-07-25(b)

It is true, as Occidental urges, that the term “stranded costs” has a well-established technical meaning within PURA, as previously discussed. Where statutory terms have acquired a technical meaning, we are to give effect to that meaning, see Tex. Gov’t Code Ann. § 311.011(b), and we are likewise to “read every word, phrase, and expression in a statute as if it were deliberately chosen and presume the words excluded from a statute are done so purposefully.” Cities of Corpus Christi, 188 S.W.3d at 690. Applying these principles to the text of section 39.252(b), however, they do not necessarily support Occidental’s proposed construction.

Section 311.011(b) requires a statutory phrase with a particular meaning to be construed according to that meaning throughout the statute.

Lewis v. Funderburk Ex Rel. Funderburk · filed 2008-04-11(b)

When a statute uses a term with a particular meaning, we are bound by the statutory usage.

Section 311.011(b) requires courts to give a statutory term the particular meaning the statute assigns it.

Rory Lewis, M.D. v. Dewayne Funderburk, as Next Friend of Whitney Funderburk · filed 2008-04-11(b)

When a statute uses a term with a particular meaning, we are bound by the statutory usage.

Section 311.011(b) requires words with an established legal meaning to be construed accordingly; “serve” in the expert-report statute therefore requires service under Rule 21a.

University of Texas Health Science Center at Houston v. Gutierrez · filed 2007-11-20(b)

The Code Construction Act states that “ ‘words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.’ ” ... “Serve” and “served” have distinct and familiar legal meanings. ... Given the applicability of the Rules of Civil Procedure to health care liability claims, and the use of “serve” and “served” in the statute, we determine that the Legislature intended for claimants to comply with rule 21a to fulfill the requirements of section 74.351(a).

Section 311.011(b) directs courts to give words with established technical meanings those meanings; here, “serve” required service under Texas Rule of Civil Procedure 21a.

Herrera v. Seton Northwest Hospital · filed 2006-06-23(b)

“Serve” is not defined in section 74.351(a). The code construction act provides guidance, however. It states that “words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.” Tex. Gov’t Code Ann. § 311.011(b) (West 2005). “Serve” and “served” have distinct and familiar legal meanings under our rules of civil procedure. ... We agree with our sister court’s conclusion that, given the applicability of the rules of civil procedure to health care liability claims and the use of “serve” and “served” in the statute, the legislature intended for claimants to comply with Texas Rule of Civil Procedure 21a to fulfill the requirements of section 74.351(a).

Section 311.011(b) requires a statutory term with an acquired technical meaning to be construed according to that meaning.

Clifton v. Anthony · filed 2005-11-16(b)

However, the Code Construction Act provides “words or phrases that have acquired a technical or particular meaning ... shall be construed accordingly.” Tex. Gov’t Code § 311.011(b)(Vernon 2004). ... The court finds that under Texas law AHLIC was a “legal reserve life insurance company” subject to Tex. Ins. Code art.3.149-1 (Vernon Supp.2002).

Section 311.011 calls for a statutory phrase with a technical meaning to be construed according to that meaning; in insurance, “paid on behalf of” refers to payment of a third-party claim for an insured.

Global Santa Fe Corporation, F/K/A Santa Fe International Corporation v. Texas Property and Casualty Insurance Guaranty Association · filed 2004-12-02(b)

The phrase “paid on behalf of” in the net worth recoupment statute is a term of art employed by the legislature to refer to a third-party claim. ... We hold that the plain meaning of the phrase “paid on behalf of,” when used in the context of the insurance industry, does not indicate that the Association must apportion a contribution made to settle a single claim among multiple insureds before seeking recoupment from a net worth insured.

Section 311.011(b) requires words with an acquired technical or particular meaning to be construed accordingly; courts may consult related law to determine that meaning.

Texas Department of Public Safety v. Loeb · filed 2004-06-10(b)

Nevertheless, "[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly." Tex. Gov't Code Ann. § 311.011(b) (West 1998); see Guthery v. Taylor, 112 S.W.3d 715, 721-22 (Tex. App.--Houston [14th Dist.] 2003, no pet.) ("When the same or a similar term is used in the same connection in different statutes, the term will be given the same meaning in one as in the other, unless there is something to indicate that a different meaning was intended."). Accordingly, we will look to the code of criminal procedure for guidance on the definition of expungement under Texas law.

Section 311.011(b) calls for words with an acquired technical or particular meaning to be construed according to that meaning; courts may consult legal dictionaries for legal terms.

Rieck, Ex Parte George William Jr. · filed 2004-09-15(b)

Words should be defined in accordance with any technical or particular meaning acquired by legislative definition or otherwise. (8) ... Since "lawsuit" is a legal term, we shall look to definitions from legal dictionaries.

Section 311.011 requires statutory words to be construed in context and according to common usage, unless they have an established technical or particular meaning, in which case that meaning controls.

Opinion No. · filed 2000-06-22(b)

The Code Construction Act directs that "[w]ords and phrases shall be read in context and construed according to the rules of grammar and common usage" and that "[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly." Tex. Gov't Code Ann. § 311.011 (Vernon 1998). In the absence of a legislative definition and given that judicial opinions use the term, we define the term "abandoned cemetery" by reference to prior cases. See id . § 311.011(b).

Section 311.011(b) requires words and phrases that have acquired a technical or particular meaning to be construed according to that meaning.

TXU Generation Company, L.P. v. Public Utility Commission of Texas · filed 2005-05-19(b)

The code construction act thus compels us to look to antitrust law when construing section 39.157. Tex. Govt. Code Ann. § 311.011(b) (West 2005) ("[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.").

Section 311.011(b) directs courts to give statutory words their established technical or particular meaning when they have one.

Garza v. Texas Department of Family & Protective Services · filed 2006-05-19(b)

Also, where words are given a technical or particular meaning, we should construe them accordingly. Tex. Govt. Code Ann. § 311.011(b) (West.2005). The latter statutory construction principle controls our disposition here.

Section 311.011(b) requires words and phrases with a technical or particular meaning, whether legislatively defined or otherwise, to be construed according to that meaning.

Robles v. State · filed 2004-07-01(b)

Also, the Legislature has prescribed that “[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.” Tex. Govt. Code Ann. § 311.011(b).

Section 311.011 directs courts to read words in context and use their ordinary grammatical meaning unless they have acquired a technical or particular meaning.

State v. Garcia · filed 1992-01-31(a), (b)

Thus, words and phrases within a statute or ordinance must be read in the context in which they are used. TEX.GOV’T CODE ANN. § 311.011(a) (Vernon 1988). Usually, the word or phrase must then be construed according to the rules of grammar and common usage, unless the word or phrase has acquired a technical or particular meaning. TEX.GOV’T CODE ANN. § 311.011(a), (b) (Vernon 1988).

Section 311.011 requires a phrase with an acquired particular meaning to be construed according to that meaning.

Montgomery Independent School District v. Davis · filed 1999-07-15(b)

The code does not define “finding of fact.” Accordingly, we construe the phrase by use of the particular meaning it has acquired under Tex.R. Civ. P. 296.

Section 311.011 supports construing an undefined statutory phrase according to the particular meaning it has acquired in a relevant legal rule.

In the Interest of Davis · filed 2000-10-12

The Family Code does not define “finding of fact.” Accordingly, we construe the phrase by use of the particular meaning it has acquired under Tex. R.CivP. 296.

Section 311.011 allows a word’s context or acquired meaning to displace its ordinary meaning.

Soliz v. State · filed 2001-11-08

Nevertheless, the common acceptation of the word must yield to the context in which it appears or to the particular meaning it has acquired.

Section 311.011(b) requires courts to give a term its technical or particular meaning; the court treated child support delinquency as a “final judgment” because the legislature designated it as one.

in the Interest of Silas J. Hurd & Monique C. Hurd, Minor Children · filed 2003-04-28(b)

Yet, because the legislature expressly decreed that the delinquency constitutes a “final judgment” at the time the payment becomes delinquent, we are bound by its categorization for purposes of this appeal. See TEX. GOV’T CODE ANN. §311.011(b) (Vernon 1998) (stating that words and phrases that have acquired a technical or particular meaning shall be construed accordingly).

Section 311.011(b) calls for words with an acquired technical meaning to be construed in that sense; the court used the established environmental-law definition of “disposal.”

L. B. Foster Company v. State · filed 2003-03-27(b)

However, the canons of construction dictate that words and phrases possessing a technical meaning are generally to be considered as having been used in their technical sense. Medford v. State, 13 S.W.3d 769, 772 (Tex. Crim. App. 2000) (citing 82 C.J.S. Statutes § 330 (1953)); see also Tex. Gov’t Code Ann. § 311.011(b) (Vernon 1998) (providing that “Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.”). Within the context of environmental statutes governing hazardous waste management, “disposal,” which is the nominal form of “to dispose,” has been defined to have a particular, technical meaning. ... Applying the relevant rules of construction, we conclude that the definition of “disposal” found in TSWDA subsection 361.003(7) is the appropriate definition for determining what constitutes an illegal disposal of a hazardous waste under Water Code subsection 7.162(a)(2).

Section 311.011 permits a court to borrow a definition from another statute for an undefined term that has acquired a technical or particular meaning.

Nguyen v. State · filed 2007-03-01

The Code Construction Act permits the borrowing of a definition for an undefined term where such "[w]ords and phrases ... have acquired a technical or particular meaning, whether by legislative definition or otherwise.” Tex. Gov’t Code § 311.011.

Section 311.011(b) requires words with an established technical or legal meaning to be construed according to that meaning; the court applied this rule to “serve” and “served.”

Fulp v. Miller · filed 2009-04-02(b)

The Code Construction Act states that “ ‘words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.’ ” ... “Serve” and “served” have distinct and familiar legal meanings within the context of the rules of civil procedure. ... Given the applicability of the rules of civil procedure to health care liability claims, ... and the use of “serve” and “served” in the statute, we agree with our sister courts that the Legislature intended for claimants to comply with rule 21a requirements to fulfill the requirements of section 74.351(a).

Section 311.011(b) directs courts to construe words according to their technical or particular meaning when they have one.

in the Interest of T.D.S.T. and C.T., Children · filed 2009-04-15(b)

We are guided in our understanding of “final order” by the canon of construction that when words are given a technical or particular meaning, the court should construe them accordingly. Tex. Gov’t Code Ann. § 311.011(b) (Vernon 2005).

Section 311.011(b) directs courts to use a word’s technical or particular meaning, including a meaning established by legislative definition.

Robertson v. Odom · filed 2009-07-30(b)

In addition, “[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.” Tex. Gov’t Code Ann. § 311.011(b) (Vernon 2005) (emphasis added). ... Therefore, we likewise interpret the term “structural repair,” as used in section 5.008(b), as referring to repairs performed on the load-bearing portions of a residence.

A term’s technical meaning in one code does not automatically apply in another; a term without an acquired technical meaning is read according to common usage.

Ramos v. State · filed 2009-11-18(b)

Finally, statutory terms not legislatively defined are generally construed as common usage allows, but terms that have an acquired technical meaning are generally construed in their technical sense. ... The fact that the term “instrument” means “negotiable instrument” in the Business and Commerce Code does not require that term to have the same meaning in the Penal Code.

A term’s technical meaning in one code does not automatically govern its use in an unrelated code.

Ramos, Hernan Arquimides · filed 2009-11-18(b)

Finally, statutory terms not legislatively defined are generally construed as common usage allows, but terms that have an acquired technical meaning are generally construed in their technical sense. ... The fact that the term "instrument" means "negotiable instrument" in the Business and Commerce Code does not require that term to have the same meaning in the Penal Code.

Section 311.011(b) requires courts to give statutory words their acquired technical or particular meaning, including a meaning supplied by legislative definition.

Randol Mill Pharmacy v. Miller · filed 2013-09-19(b)

Applying the rules of statutory construction recited above, the definition of the term “dispense” in the Texas Pharmacy Act applies to the same term — “dispensing”—used in defining a pharmacist in the TMLA.

Section 311.011(b) requires courts to construe a statutory term according to its acquired technical meaning.

Rauhauser v. James McGibney and ViaView, Inc. · filed 2014-12-11(b)

The TCPA does not provide a definition for the term “public figure,” so we look to the technical meaning that the term “public figure” has acquired in First...Amendment cases. See Tex. Gov’t Code Ann. § 311.011(b) (West 2013) (instructing that “[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly”).

Words with a specialized legal meaning are construed in their technical sense; the legal meaning of “provocation” governs its use in a self-defense instruction.

Kennedy v. State · filed 2015-06-11(b)

But the court of criminal appeals, in Smith, defined “provocation” in a specialized manner applicable only to assertions of the self-defense justification in criminal proceedings. See 965 S.W.2d at 513. Though jurors may “freely read [undefined] statutory language to have any meaning which is acceptable in common parlance,” terms “which have acquired a peculiar and appropriate meaning in the law” are “considered as having been used in their technical sense.”

Section 311.011(b) requires a term with an established legal meaning to be construed in that technical sense; the court applies that rule to “provocation” in a self-defense instruction.

Kennedy, Michael Patrick · filed 2015-07-01(b)

But the court of criminal appeals, in Smith, defined "provocation" in a specialized manner applicable only to assertions of the self-defense justification in criminal proceedings. ... But "[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly." TEX. GOV'T CODE ANN . § 311 .011 (b).

Section 311.011(b) directs courts to use a term’s technical or particular meaning, including a legislative definition, when construing it.

the Note Investment Group, Inc. v. Associates First Capital Corp., Successor by Merger to Associates Financial Services Company, Inc. · filed 2015-09-24(b)

Because Rule 167 was adopted for the specific purpose of implementing the offer of settlement procedure set forth in Chapter 42, we find Chapter 42’s definition of the term “claim” to be directly applicable here. See Tex. Gov’t Code Ann. § 311.011(b) (West 2013) (“Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.”).

A statutory phrase with an acquired particular meaning must be construed according to that meaning.

Lopez v. Huron · filed 2016-02-03(b)

The statutory definition of a “products liability action” recognizes that the “recovery of damages arising out of personal injury, death, or property damage” has a particular meaning in the -law which must be applied in construing the statute.

Section 311.011(b) requires courts to give words and phrases their acquired technical or particular meaning, including a common-law meaning applicable to statutory language.

Zamora v. Tarrant County Hospital District D/B/A JPS Health Network · filed 2016-04-08(b)

Under the Code Construction Act, which applies to our interpretation of the Labor Code, “[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.” TEX.GOV’T CODE ANN. § 311.011(b)(West 2013)(Code Construction Act). ... There is nothing in the Labor Code that suggests a substantive difference between the common law definition of “bringing suit” and the statutory definition of “bring a civil action.” Thus, we interpret the language in TEX.LAB.CODE ANN. § 21.254 requiring Zamora to “bring a civil action” within sixty days of receiving the right-to-sue letter as not requiring actual service of process on the Hospital within that sixty-day period in order to preserve her right to judicial review—so long as she exercised due diligence in effecting service on the Hospital.

Section 311.011 directs courts to construe words and phrases according to their technical or particular meaning when they have acquired one.

Ex Parte Robert Metzger · filed 2020-08-26

We consider the words in context and construe them according to the rules of grammar and common usage unless a word or phrase has acquired a technical or particular meaning, in which case we construe it accordingly. TEX. GOV’T CODE § 311.011.

Section 311.011(b) gives effect to a word’s technical or particular meaning when the word has acquired one; an asserted common-law meaning does not govern without an established meaning.

CANarchy Craft Brewery Collective, L.L.C. v. Texas Alcoholic Beverage Commission, Kevin J. Lilly, Hasan K. Mack, Jason E. Boatright, Michael S. Adkins, and Deborah Gray Marino · filed 2022-06-20(b)

Regardless, judicial constructions are only instructive when determining a statutory term’s ordinary meaning if that term has “acquired a technical or particular meaning,” or a well-established definition in common law. See Tex. Gov’t Code Ann. § 311.011(b) (“Words and phrases that have acquired a technical or particular meaning . . . shall be construed accordingly.”); Marino v. Lenoir, 526 S.W.3d 403, 409 (Tex. 2017) (“[W]e construe statutory language against the backdrop of common law, assuming the Legislature is familiar with common-law traditions and principles.”). As the foregoing analysis demonstrates, “owned” has not obtained that status in Texas, so TABC’s resort to the common law falls a bit flat.

Section 311.011(b) requires a phrase to be construed according to its technical or particular meaning when it has acquired one; “point of origin” has not.

Joe v. State · filed 2022-06-22(b)

But he does not argue that “point of origin” has acquired a technical or particular meaning whose usage would be required by the Code Construction Act. See Tex. Gov’t Code § 311.011(b) (“Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.”). And we find no evidence that “point of origin” has acquired such a meaning.

Section 311.011 requires words with an established technical or particular meaning to be construed accordingly; the court found that “treated lumber” had no such meaning.

Blankenship v. the State of Texas · filed 2022-11-08

There is an exception to the plain-meaning rule for technical meanings: “[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.” Rhine, 297 S.W.3d at 310 (quoting Tex. Gov’t Code Ann. § 311.011); see Medford v. State, 13 S.W.3d 769, 772 (Tex. Crim. App. 2000). But this exception is not applicable here.

Section 311.011(b) requires a phrase that has acquired a technical or particular meaning to be construed according to that meaning.

City of Denton v. Rodriguez-Rivera · filed 2025-02-06(b)

To the extent the phrase has otherwise “acquired a technical or particular meaning,” it must be construed accordingly. Id. § 311.011(b). ... Thus, as employed in the model legislation, the phrase “pleasure driving” ... obtained a particular meaning associated with driving for recreation or relaxation, a meaning clearly distinct from commercial activity.

Words with an acquired technical or particular meaning are construed according to that meaning, even when the statute being interpreted does not define them.

Hlavinka, Hlavinka, Tres Bayou Farms, LP, and Hlavinka Cattle Company v. HSC Pipeline Partnership, LLC · filed 2022-05-27(b)

Section 2.105 does not define “oil product,” but words “that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.” Tex. Gov’t Code § 311.011(b).

When a statute defines a term, courts must use that statutory definition.

International Truck And Engine Corporation v. Bray · filed 2004-06-03(b)

First, when a statute defines a term, Texas courts must construe that term according to its statutory definition. Tex. Gov't Code Ann. § 311.011(b) (Vernon 1998); Tex. Dep't of Transp. v. Needham, 82 S.W.3d 314, 318 (Tex.2002). In chapter 2301 of the Texas Occupations Code, the term dealer means "a person who holds a general distinguishing number," i.e., a dealer's license. ... Therefore, the term "dealer" encompasses all dealers, including International.

When a statute defines a term, courts must use that statutory definition.

Fleming & Associates, L.L.P N/K/A Fleming, Nolen & Jez, L.L.P. v. Daniel P. Barton, the Barton Law Firm and the Johnson-Barton Joint Venture · filed 2014-02-27(b)

But if a statute defines a term, a court is bound to construe that term by its statutory definition. Tex. Gov’t Code Ann. § 311.011(b); Tex. Dep’t of Transp. v. Needham, 82 S.W.3d 314, 318 (Tex. 2002).

Section 311.011(b) requires courts to follow a term’s express statutory definition.

Combs v. Roark Amusement & Vending, L.P. · filed 2013-03-08(b)

If a term is expressly defined by statute we must follow that definition.

When a statute defines a term, courts must construe it using its statutory definition.

Brennan v. City of Willow Park · filed 2012-08-16(b)

When a statute defines a term, we are bound to construe that term by its statutory definition only.

Section 311.011(b) requires courts to construe a statutorily defined term according to its statutory definition.

Brennan v. City of Willow Park · filed 2012-08-16(b)

When a statute defines a term, we *919are bound to construe that term by its statutory definition only. See Tex. Gov’t Code Ann. § 311.011(b) (West 2005); Tex. Dep’t of Transp. v. Needham, 82 S.W.3d 314, 317 (Tex.2002); Transp. Ins. Co. v. Faircloth, 898 S.W.2d 269, 274 (Tex.1995).

Section 311.011(b) allows a legislative definition in a related chapter to inform the meaning of an undefined term.

in the Interest of C.B., a Child · filed 2012-07-27(b)

While the definitions in Chapter 261 expressly apply to that chapter, 9 and while the definitions given there are not exhaustive, 10 we find no reason why the meanings given the terms abuse and neglect there should not inform our application of those terms under Chapter 161.

Section 311.011(b) requires courts to use a term’s statutory definition even when it differs from the term’s ordinary meaning.

Entergy Gulf States, Inc. v. Summers · filed 2009-04-03(b)

Since the Legislature provided its own definition for “general contractor,” we elevate the Legislature’s substituted meaning even when it departs from the term’s ordinary meaning. Tex. Gov’t Code § 311.011(b).

When a statute defines a word, courts construe it according to that definition.

Entergy Gulf States, Inc. v. Summers · filed 2007-08-31(b)

But the Legislature has instructed that where words are statutorily defined, courts should construe the terms according to that particular meaning.

Section 311.011(b) directs courts to use a statute’s own definitions when construing its words and phrases.

Rosa v. Caldwell · filed 2004-09-13(b)

If a statute defines words or phrases contained within the statute, we use the Legislative definition of those words or phrases in construing the statute.

A term defined by a statute is construed according to that definition wherever it appears in the statute.

Durish v. Channelview Bank · filed 1991-06-12(b)

Section 5(2) is particularly important because the definition of a term in the definitional section of a statute controls the construction of that term wherever it appears in the statute.

Section 311.011(b) requires courts to use a word’s legislatively defined meaning; under that rule, “felony” includes a state jail felony.

Adger v. State · filed 1999-12-23(b)

“Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.” Tex. Gov’t Code Ann. § 311.011(b) (Vernon 1998). The legislature defines “felony” as “an offense so designated by law or punishable by death or confinement in a penitentiary.” Tex. Penal Code Ann. § 1.07(a)(23) (Vernon 1994). Under this definition, a state *903jail felony, i.e., “an offense so designatéd,” is a felony.

Section 311.011(b) requires courts to use a term’s statutory definition when construing it.

In Re Missouri Pacific Railroad Co. · filed 1999-07-01(b)

We are bound by the statutory definition of “principal office” as “a” principal office.

When a statute defines a term, courts must construe the term according to that definition.

Texas Department of Transportation v. Needham · filed 2002-05-09(b)

But if a statute defines a term, a court is bound to construe that term by its statutory definition only.

Section 311.011(b) requires courts to construe statutorily defined terms according to their statutory definitions.

Security National Insurance Co. v. Farmer · filed 2002-10-03(b)

Because these terms are statutorily defined, we are bound to construe them by their statutory definitions.

Section 311.011(b) requires a statutorily defined term to be construed according to its statutory definition.

Rogers v. City of Fort Worth · filed 2002-10-17(b)

But if a statute defines a term, we are bound to construe that term by its statutory definition only.

Words in codified statutes take the particular meanings given to them by legislative definitions.

Dorman Lee Taylor, Sr. v. State · filed 2009-02-04(b)

Words contained in codified statutes acquire a particular meaning through legislative definition.

Section 311.011(b) directs courts to use the Legislature’s definitions of statutory words.

Hernandez v. Ebrom · filed 2009-07-03(b)

If the Legislature provides definitions for words it uses in statutes, then we use those definitions in our task. See Tex. Gov'r Code § 311.011(b).

When a statute defines words, courts use those definitions when interpreting the statute.

City of Waco v. Kelley · filed 2010-02-19(b)

If the Legislature provides definitions for words it uses in statutes, then we use those definitions in our task. See Tex. Gov’t Code § 311.011(b).

When the Legislature defines a statutory term, courts give effect to that definition.

Quarterman v. Hampton · filed 2010-08-26(b)

Because the Legislature has provided definitions for the words it uses in its statute, we should give effect to the Legislature’s intent as expressed by the language of the statute.

Section 311.011(b) requires a clearly and unambiguously defined statutory word to be given the Legislature’s definition.

Opinion No. · filed 2011-02-28(b)

If a word is clearly and unambiguously defined by the Legislature, we are bound to use the definition so provided.

Section 311.011(b) requires courts to use definitions supplied by the legislature when construing a statute.

Chesser v. LifeCare Management Services · filed 2011-08-31(b)

We also use definitions prescribed by the legislature and any technical or particular meaning the words have acquired. ... Giving chapter 74 supremacy over the finance code, looking first and foremost to the words of section 74.301 and utilizing the definitions prescribed by the legislature in section 74.001, prejudgment interest does not fall within the statutory definition of noneconomic damages—which are the only damages limited by section 74.301.

Section 311.011(b) requires courts to apply definitions supplied by the legislature when construing a statute.

Chesser v. LifeCare Management Services, L.L.C. · filed 2011-08-31(b)

Giving chapter 74 supremacy over the finance code, looking first and foremost to the words of section 74.301 and utilizing the definitions prescribed by the legislature in section 74.001, prejudgment interest does not fall within the statutory definition of noneconomic damages — which are the only damages limited by section 74.301. See Tex. Gov’t Code Ann. § 311.011(b) (requiring us in statutory construction to apply definitions provided by the legislature); Lexington Ins. Co., 209 S.W.3d at 85 (instructing that to give effect to legislature’s intent “we look first and foremost to the words of the statute”).

Section 311.011(b) directs courts to consider legislative definitions and acquired technical or particular meanings when construing statutory terms.

Hill Country San Antonio Management Services, Inc. v. Trejo · filed 2014-02-12(b)

In doing so, we first look to the definitions prescribed by the legislature and any technical or particular meaning the words have acquired. See TEX. GOV’T CODE ANN. § 311.011(b) (West 2013).

Section 311.011(b) requires courts to follow legislative definitions of statutory terms.

Youngkin v. Hines · filed 2018-04-27(b)

Courts must adhere to legislative definitions of terms when they are supplied.

Section 311.011(b) requires courts to use legislative definitions and words’ acquired technical or particular meanings when construing statutes or ordinances.

Kathleen Powell and Paul Luccia v. City of Houston, Texas · filed 2019-06-25(b)

We use definitions prescribed by the Legislature and any technical or particular meaning the words have acquired. TEX. GOV’T CODE ANN. § 311.011(b).

Words and phrases with a legislative definition must be construed according to that definition.

Pediatrics Cool Care, Jose J. Salguero, M.D., PA, Jose J. Salguero, M.D., and Jenelle Robinson, P.A.-C. v. Ginger Thompson, Individually and as Representative of the Estate of A.W., and Brad Washington · filed 2021-01-29(b)

Looking first to the language of section 74.301 and utilizing the definitions prescribed by the legislature in section 74.001, prejudgment interest does not fall within the statutory definition of noneconomic damages—which are the only damages limited by section 74.301. See Tex. Gov’t Code § 311.011(b) (requiring that “words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly”).

Section 311.011(b) requires courts to construe a term according to its legislative definition even when the term has an ordinary meaning.

Ken Paxton, Texas Attorney General v. City of Austin, Mayor Steve Adler, Ora Houston, Delia Garza, Sabino Renteria, Gregorio Casar, Ann Kitchen, Don Zimmerman, Leslie Pool, Ellen Troxclair, Kathie Tovo, and Sheri Gallo · filed 2021-07-22(b)

And although the City’s Etching perhaps could be considered a “written communication” in the ordinary and common meaning of that phrase, Section 30.06 expressly defines “written communication.” See Tex. Gov’t Code § 311.011(b) (“Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.”); Entergy Gulf States, 282 S.W.3d at 437 (“We do not look to the ordinary, or commonly understood, meaning of the term because the Legislature has supplied its own definition, which we are bound to follow.”).

Section 311.011(b) requires courts to construe statutorily defined terms according to their definitions.

Transport Insurance Co. v. Faircloth · filed 1995-06-15(b)

We are bound to construe these terms in accordance with their statutory definitions. Tex.Gov't Code § 311.011. Third parties negotiating a settlement with an insurer do not seek to purchase or lease any of the services of the insurer.

Section 311.011 directs courts to read an undefined word in context and according to grammar and common usage unless it has acquired a technical or particular meaning.

Walker v. State · filed 1987-03-24

The Legislature has not defined the term “promiscuously” as used in section 22.011(d)(1). Therefore, the term should “be read in context and construed according to the rules of grammar and common usage,” unless the word has otherwise “acquired a technical or particular meaning.” Tex.Gov.Code Ann. § 311.011 (Vernon Supp.1987).

Section 311.011(b) does not require an undefined phrase in a penal statute to take its technical meaning from contract law when its ordinary meaning applies.

Francis v. State · filed 1995-02-06(b)

We find the phrase “offer to sell” should not be defined under the law of contracts. When words in a statute or ordinance are not defined, they are ordinarily given their plain meaning without construction of penal laws or laws on other subjects, unless the statute or ordinance clearly shows they were used in some other sense.

Section 311.011(b) requires a word with a technical or particular meaning to be construed accordingly; “accused” means a person formally accused of a crime.

Ex Parte Matthews · filed 1995-01-02(b)

In TexGov’t Code § 311.011(b) (Vernon 1988), it provides that “words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise shall be construed accordingly.” ... In analyzing the Texas tolling provision, we must give the word “accused” its technical and particular meaning — a person formally accused of committing a crime.

Section 311.011(b) requires words with a technical or particular meaning to be construed according to that meaning; in check forgery, “maker” has a particularized meaning.

Nunez v. State · filed 1996-12-19(b)

Tex. Gov’t Code Ann. § 311.011(b)(Vemon 1988) provides that words having a technical or particular meaning must be construed according to that meaning. ... Under the above-mentioned authority, the term “maker” clearly has a particularized meaning regarding the forgery of a cheek.

Words and phrases are construed by grammar and common usage unless they have acquired a technical or particular meaning.

Ex Parte Kuester · filed 2000-06-21

We construe words and phrases according to the rules of grammar and common usage unless they have acquired, a technical or particular meaning.

Section 311.011 calls for grammar and common usage when statutory language has no technical meaning.

MacGilfrey v. State · filed 2001-08-29

We construe the meaning of the sentence’s language according to rules of grammar and common usage unless they have acquired a technical or particular meaning. ... The language in question does not have a technical meaning; therefore, we employ common usage and grammar rules.

Section 311.011(b) directs courts to give words with an acquired technical meaning that meaning; the court applied this rule to “disposal” in a hazardous waste statute.

L.B. Foster Co. v. State · filed 2003-06-13(b)

However, the canons of construction dictate that words and phrases possessing a technical meaning are generally to be considered as having jbeen used in their technical sense. ... Within the context of environmental statutes governing hazardous waste management, “disposal,” which is the nominal form of “to dispose,” has been defined to have a particular, technical meaning. ... Applying the relevant rules of construction, we conclude that the definition of “disposal” found in TSWDA subsection 361.003(7) is the appropriate definition for determining what constitutes an illegal disposal of a hazardous waste under Water Code subsection 7.162(a)(2).

Section 311.011(b) directs courts to use a word’s technical or particular meaning when it has acquired one.

Ex Parte Rieck · filed 2004-09-15(b)

Words should be defined in accordance with any technical or particular meaning acquired by legislative definition or otherwise.

Section 311.011 directs courts to read statutory words in context and according to common usage, while giving words with a technical or particular meaning that meaning.

Shaw v. State · filed 2006-01-03(a), (b)

We are to read words and phrases in context and construe them according to the rules of grammar and common usage. Tex. Gov’t Code Ann. § 311.011(a) (Vernon 2005). We are to construe words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, according to that meaning. Tex. GoV t Code Ann. § 311.011(b) (Vernon 2005).

Section 311.011 requires a word with an acquired technical meaning to be construed according to that meaning, including when the meaning comes from a legislative definition.

Grotti v. State · filed 2006-11-17

Thus, “death” has acquired a legislatively defined, technical meaning, and — in the context of a homicide prosecution of a medical professional who has been accused of causing the death of a patient in the course of performing a medical procedure — we are compelled to construe the term “death” in penal code section 19.01(a) according to this technical definition.

A technical definition applies in its own context; the Finance Code’s usury definition of interest does not govern the home equity fee cap.

Vargas v. State · filed 2010-01-08(b)

See Tex. Gov’t Code Ann. § 311.011(b) (West 2005) (“Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.”); ... The finance code definition of interest, however, represents the technical definition of interest only as it applies in the usury context, pursuant to the intent to protect borrowers from usurious lending practices.

Section 311.011(b) directs courts to use legislatively prescribed definitions and consider technical or particular meanings that words have acquired.

7-Eleven, Inc. v. Susan Combs, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas · filed 2010-04-22(b)

We use definitions prescribed by the legislature and consider any technical or particular meaning that the words have acquired. Tex. Gov't Code Ann. § 311.011(b) (West 2005).

Section 311.011(b) requires words with an acquired technical meaning to be construed according to that meaning; the court applied that rule to “transmission line.”

ENTERGY GULF STATES, INC. v. Traxler · filed 2010-08-19(b)

Instead, we hold that the term “transmission line,” as used by the Legislature in section 181.045(b)(2) of the Texas Utilities Code (as well as its predecessor, section 1436a of the Texas Revised Civil Statutes) has the technical meaning assigned to it by the applicable Public Utility Commission regulation: a power line that is operated at 60 kilovolts (kV) or above, when measured phase-to-phase.

Section 311.011(b) directs courts to construe words that have acquired technical or particular meanings accordingly.

City of Austin v. Whittington · filed 2012-08-31(b)

The Government Code does not define the “public building” or “utility services,” and because they have acquired technical or particular meanings, we construe them accordingly. Tex. Gov’t Code § 311.011(b).

Section 311.011(b) requires a term with an acquired technical meaning to be construed according to that meaning; the court applies the meaning of “ballot image” used by election agencies.

Pressley v. Gregorio "Greg" Casar · filed 2016-12-23(b)

Rather, we must apply the technical meaning the term has acquired as used by agencies in charge of election matters.

Section 311.011(b) requires words and phrases with an acquired technical or particular meaning to be construed according to that meaning.

Garner v. State · filed 2017-05-10(b)

In accordance with the Code Construction Act, we construe words or phrases having technical or particular meaning, such as terms of art or science, in accordance with their technical meaning.

Section 311.011(b) requires courts to use legislatively prescribed definitions and any technical or particular meanings words have acquired.

Maxim Crane Works, L.P. v. Zurich Am. Ins. Co. · filed 2019-06-19(b)

A court must "use definitions prescribed by the Legislature and any technical or particular meaning the words have acquired."

Section 311.011’s technical-meaning exception does not apply to “treated lumber” because the term has no statutory definition or established legal meaning.

Blankenship v. the State of Texas · filed 2022-07-14

There is an exception to the plain-meaning rule for technical meanings: “[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.” Rhine, 297 S.W.3d at 310 (quoting Tex. Gov’t Code Ann. § 311.011); see Medford v. State, 13 S.W.3d 769, 772 (Tex. Crim. App. 2000). But this exception is not applicable here.

Section 311.011(b) directs courts to use legislatively prescribed definitions and any technical or particular meanings statutory words have acquired.

UnitedHealthcare Insurance Company and Sierra Health and Life Insurance Company, Inc. v. Ken Paxton, Attorney General of Texas; Teacher Retirement System of Texas; Humana Insurance Company; Humana Insurance Company of New York; and Humana Insurance Company of Puerto Rico, Inc. · filed 2024-05-03(b)

We use definitions prescribed by the Legislature and any technical or particular meaning the words have acquired. See Tex. Gov’t Code § 311.011(b).