Tex. Gov't Code Ann. § 311.011

Section 311.011 directs courts to use prescribed or technical meanings when applicable and otherwise to give statutory words their plain and common meaning.

FKM Partnership, Ltd. v. Board of Regents · filed 2008-06-06

We use definitions prescribed by the Legislature and any technical or particular meaning the words have acquired, but otherwise, we construe the statute’s words according to their plain and common meaning unless a contrary intention is apparent from the context, or unless such a construction leads to absurd results.

Section 311.011 requires words with an acquired technical or particular meaning to be construed according to that meaning; the court may look to the best statutory source for it.

Grotti v. State · filed 2008-06-25

It also refers to the Code Construction Act, which states that “[wjords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.” Tex. Gov’t Code § 311.011. It is clear that the legislature did not intend to place rigid restrictions on interpreting a technical term or provision, but rather to provide an appropriate meaning of the term so that it would provide a clear understanding to its hearer. We must, therefore, look to the best statutory source when determining the most befitting definition of “death” in this case.

Section 311.011 requires courts to construe terms with an acquired technical meaning accordingly and to look to an appropriate statutory source for that meaning.

Grotti, Lydia H. AKA Grotti, Lydia · filed 2008-06-25

It also refers to the Code Construction Act, which states 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 § 311.011. It is clear that the legislature did not intend to place rigid restrictions on interpreting a technical term or provision, but rather to provide an appropriate meaning of the term so that it would provide a clear understanding to its hearer. We must, therefore, look to the best statutory source when determining the most befitting definition of "death" in this case. See Medford, 13 S.W.3d at 772.

Under § 311.011, undefined statutory terms are construed according to grammar and common usage unless they have acquired a peculiar and appropriate legal meaning, in which case they are construed in their technical sense.

Trevino v. State · filed 2013-03-18(a), (b)

The Texas Government Code provides that undefined terms shall be "construed according to the rules of grammar and common usage." ... However, if such undefined terms have acquired a peculiar and appropriate meaning in the law, they are considered as having been used in their technical sense.

An undefined statutory term must be read in context and given its ordinary grammatical and common meaning unless it has acquired a technical or particular meaning.

Johnson v. State · filed 1996-11-20§ 311.011(a)-(b)

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."

Words and phrases must be read in context and given their ordinary grammatical and common-use meaning unless they have an established technical or particular meaning.

Opinion No. · filed 1999-09-01Tex. Gov't Code Ann. § 311.011(a)

The Code Construction Act, chapter 311 of the Government Code, states the following rule for construing terms used by the legislature: (a) Words and phrases shall be read in context and construed according to the rules of grammar and common usage. (b) Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.

Words and phrases are construed according to their common meaning unless they have acquired a particular meaning by statutory definition or otherwise.

City of Beaumont v. Spivey · filed 1999-10-28(a)-(b)

We give words their plain meaning unless they are given a particular meaning by statutory definition or otherwise. See Tex. Gov't Code Ann. § 311.011 (Vernon 1998).

Words and phrases with an established technical or particular meaning must be interpreted according to that meaning.

Opinion No. · filed 2000-02-24Tex. Gov't Code Ann. § 311.011(b)

Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.

A word or phrase that has acquired a technical or particular meaning must be construed according to that meaning.

Opinion No. · filed 2000-05-26Tex. Gov't Code Ann. § 311.011(b)

Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.

Section 311.011(a) requires statutory words to be interpreted in context according to ordinary grammar and common usage when they have no technical or particular meaning.

De Alejandro, Judge Raul v. City of Robstown, Sam Arciniega, Jesse Guerra, Jr. and Epi Ysassi · filed 2000-06-08Tex. Gov't Code Ann. § 311.011(a)

Unless a word or phrase has acquired a technical or particular meaning, it shall be read in context and construed according to the rules of grammar and common usage. Tex. Gov't Code Ann. § 311.011 (Vernon 1998).

When a statute does not define a term, the term is generally construed according to its ordinary, commonly understood meaning unless it has acquired a technical or particular meaning.

Opinion No. · filed 2000-06-22Tex. Gov't Code Ann. § 311.011(b)

When the legislature fails to define a word or term, we must ascribe to the word or term its ordinary meaning. See Monsanto Co . v . Cornerstones Mun . Util . Dist ., 865 S.W.2d 937 , 939 (Tex. 1993); see also Tex. Gov't Code Ann. § 311.011 (Vernon 1998) (statutory words and phrases are to be read in context and construed according to common usage unless they have acquired technical or particular meaning).

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

Opinion No. · filed 2000-09-01Tex. Gov't Code Ann. § 311.011(a)-(b)

Words and phrases 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) (Vernon 1998). If words or phrases have acquired a technical or particular meaning, whether by legislative definition or otherwise, they shall be construed accordingly. Id . § 311.011(b).

Section 311.011 requires statutory words to be interpreted in context using ordinary grammar and common usage, unless they have a technical meaning, in which case that meaning controls.

Opinion No. · filed 2000-09-19§ 311.011(a)-(b)

The Code Construction Act provides that words are to be read in context and construed according to the rules of grammar and common usage, and words with a technical meaning are to be construed according to that meaning.

When statutory words have acquired a technical or particular meaning, they must be construed according to that meaning rather than ordinary usage.

Opinion No. · filed 2000-10-10Tex. Gov't Code Ann. § 311.011(b)

The Code Construction Act provides that words and phrases are to be read in context and construed according to the rules of grammar and common usage; words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, are to be construed accordingly.

Words or phrases that have acquired a particular meaning, through legislative definition or otherwise, must be construed according to that meaning.

Opinion No. · filed 2000-11-27(b)

See generally Tex. Gov't Code Ann. § 311.011 (b) (Vernon 1998) (words or phrases that have acquired a particular meaning, by legislative definition or otherwise, shall be construed accordingly).

When a word or phrase lacks a technical or particular meaning, the statute requires it to be read in context and construed according to grammar and common usage.

Opinion No. · filed 2001-03-05§ 311.011(a)

Absent such a meaning, words and phrases are "read in context and construed according to the rules of grammar and common usage." Id . § 311.011(a).

Technical or specially defined words must be given that meaning; otherwise, statutory words are read in context and according to ordinary grammar and common usage.

Opinion No. · filed 2001-04-13§ 311.011(a)-(b)

Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, are to be construed accordingly; otherwise they are to 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 according to grammar and common usage, except that words with a technical or particular meaning must be construed according to that meaning.

Opinion No. · filed 2001-06-05Tex. Gov't Code Ann. § 311.011(a)-(b)

Statutory words and phrases must be "read in context and construed according to the rules of grammar and common usage," but those words and phrases "that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly."

Words and phrases with an established technical or particular meaning must be construed according to that meaning.

Opinion No. · filed 2001-09-26Tex. Gov't Code Ann. § 311.011(b)

"Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly."

When a word or phrase has acquired a technical meaning, the statute requires it to be construed according to that technical meaning.

Opinion No. · filed 2001-12-17(b)

We construe words and phrases that have acquired a technical meaning according to that meaning.

Words and phrases are construed in context and according to common usage unless they have acquired a technical or particular meaning.

Opinion No. · filed 2002-01-02§ 311.011(a)-(b)

When the legislature has not defined a statutory term or phrase, we give it its ordinary or common meaning. See Monsanto v . Cornerstones Mun . Util . Dist ., 865 S.W.2d 937 , 939 (Tex. 1993); see also Tex. Gov't Code Ann. § 311.011 (Vernon 1998) (words and phrases to be construed in context and in accordance with common usage unless they have acquired technical or particular meaning).

Section 311.011 requires statutory terms with a technical or particular meaning to be construed accordingly, while other words and phrases must be read in context according to grammar and common usage.

Opinion No. · filed 2002-03-25§ 311.011(a)-(b)

When interpreting a statute, words and phrases that have acquired a technical or particular meaning, by legislative definition or otherwise, must be construed accordingly. See Tex. Gov't Code Ann. § 311.011 (b) (Vernon 1998). Otherwise, words and phrases shall be read in context and construed according to the rules of grammar and common usage. Id . § 311.011(a).

Section 311.011 requires statutory words to be interpreted in context, according to grammar and common usage, and according to any acquired technical or particular meaning.

Opinion No. · filed 2002-04-23§ 311.011(a)-(b)

The Code Construction Act, chapter 311 of the Government Code, provides that "[w]ords and phrases shall be read in context and construed according to the rules of grammar and common usage," and "[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).

Words with a technical or particular meaning must be construed accordingly, while otherwise words and phrases are read in context under grammar and common usage.

Opinion No. · filed 2002-05-08§ 311.011(a)-(b)

When interpreting a statute, words and phrases that have acquired a technical or particular meaning, by legislative definition or otherwise, must be construed accordingly. See Tex. Gov't Code Ann. § 311.011 (b) (Vernon 1998). Otherwise, words and phrases shall be read in context and construed according to the rules of grammar and common usage. Id . § 311.011(a).

Statutory words should be interpreted in context and according to common usage unless they have acquired a technical or particular meaning.

Opinion No. · filed 2002-06-24Tex. Gov't Code Ann. § 311.011(a)-(b)

Words in statutes are to be read in context and construed according to common usage, unless they have acquired a technical or particular meaning.

Section 311.011 requires statutory words to be read in context and given their ordinary meaning under the rules of grammar and common usage unless they have an established technical or particular meaning.

Opinion No. · filed 2002-07-09Tex. Gov't Code Ann. § 311.011(a)-(b)

Unless words and phrases used in a statute have acquired a technical or particular meaning, by legislative definition or otherwise, they must 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, unless they have acquired a technical or particular meaning, in which case that meaning controls.

Opinion No. · filed 2002-09-20Tex. Gov't Code Ann. § 311.011(a)-(b)

see Tex. Gov't Code Ann. § 311.011 (Vernon 1998) (words and phrases shall be read in context and construed according to rules of grammar and common usage; words and phrases that have acquired technical or particular meaning shall be construed accordingly).

Words and phrases that have acquired a technical or particular meaning must be construed according to that meaning.

Opinion No. · filed 2002-11-19(b)

The Code Construction Act provides 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 (b) (Vernon 1998).

A statutory word that has acquired a technical or particular meaning must be construed according to that technical meaning.

Opinion No. · filed 2002-12-17§ 311.011(b)

The Code Construction Act requires words to be "read in context and construed according to the rules of grammar and common usage," and words with a technical meaning are to be "construed accordingly." See Tex. Gov't Code Ann. § 311.011 (Vernon 1998).

Words and phrases must be read in context and construed according to grammar and common usage unless they have acquired a technical meaning by legislation or otherwise.

Opinion No. · filed 2002-12-23§ 311.011(a)

"[ w]ords and phrases shall be read in context and construed according to the rules of grammar and common usage," unless they have acquired a technical meaning by legislation or otherwise.

Undefined words must be construed according to common usage, or according to their technical meaning when they have one.

Opinion No. · filed 2003-03-21Tex. Gov't Code Ann. § 311.011(a)-(b)

That being the case, the Code Construction Act requires us to construe it according to the rules of common usage, Tex. Gov't Code Ann. § 311.011 (a) (Vernon 1998), and, to the extent it has a technical meaning, in accordance with that technical meaning, id. § 311.011(b).

Words and phrases must be read in context and given their ordinary grammatical and commonly understood meaning unless they have an established technical or particular meaning.

Opinion No. · filed 2003-04-28§ 311.011(a)-(b)

We read words and phrases in context and construe them according to rules of grammar and common usage. See Tex. Gov't Code Ann. § 311.011 (a) (Vernon 1998) (Code Construction Act). Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, must be construed accordingly. Id . § 311.011(b).

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

Opinion No. · filed 2003-05-12Tex. Gov't Code Ann. § 311.011(b)

Tex. Gov't Code Ann. § 311.011 (b) (Vernon 1998) ("Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.").

When a statute does not define a term, the term is construed according to its common meaning and any technical meaning it has acquired.

Opinion No. · filed 2003-05-12Tex. Gov't Code Ann. § 311.011(a)-(b)

Because the Local Government Code does not define the phrase, we may consider it according to common usage and any technical meaning it may have acquired. Tex. Gov't Code Ann. § 311.011 (a)-(b) (Vernon 1998).

Words and phrases must be read in context and according to grammar and common usage, while words with an acquired technical or particular meaning must be construed according to that meaning.

Opinion No. · filed 2003-05-13§ 311.011(a)-(b)

We read words and phrases in context and construe them according to the rules of grammar and common usage. See Tex. Gov't Code Ann. § 311.011 (a) (Vernon 1998) (Code Construction Act). "Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly."

Words and phrases with an established technical or particular meaning must be interpreted according to that meaning.

Opinion No. · filed 2003-05-30§ 311.011(b)

Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, must be construed accordingly.

A statutory term must be given its particular, technical meaning unless the context requires a different construction.

Pierce v. State · filed 2003-06-10(b)

The context does not appear to call for any other construction of the word “make” as it applies to forgery. Therefore, rules of construction found in the Code Construction Act govern and require that the term “make” be used according to its particular, technical meaning. Tex. Gov't Code Ann. § 311.011(b).

Words and phrases must be given their common meaning unless they have acquired a technical or particular meaning, in which case that meaning controls.

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

Tex. Gov't Code Ann. § 311.011 (a) (Vernon 1998) (words and phrases must be construed according to common usage), (b) (words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, must be construed accordingly).

Section 311.011 requires undefined words to be construed according to their common meaning, unless they have acquired a technical or particular meaning.

Opinion No. · filed 2003-12-12Tex. Gov't Code Ann. § 311.011(a)-(b)

According to its common meaning, however, a "traffic regulation" is a broad term that refers to "a prescribed rule of conduct for traffic; a rule intended to promote the orderly and safe flow of traffic." Black's Law Dictionary 1502 (7th ed. 1999) (defining "traffic regulation"); Tex. Gov't Code Ann. § 311.011 (a) (Vernon 1998) (words and phrases must be construed according to common usage), 311.011(b) (words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, must be construed accordingly).

Words and phrases that have acquired a technical or particular meaning must be construed according to that meaning; accordingly, “convention center facility” in chapter 334 is construed using its technical meaning in related hotel-occupancy-tax provisions.

Opinion No. · filed 2004-02-24(b)

Chapter 334 does not define the term "convention center facility," but the term is defined in two provisions authorizing cities and counties to collect and expend hotel occupancy taxes. See Tex. Gov't Code Ann. § 311.011 (b) (Vernon 1998) (words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, must be construed accordingly).

Section 311.011 requires statutory words to be read in context and construed using common usage unless a word has an established technical or particular meaning, in which case that meaning governs.

Opinion No. · filed 2004-06-10Tex. Gov't Code Ann. § 311.011(a)-(b)

Although no Texas statute defines the term "military facilities," the term "military" clearly refers to the state military forces such as the Texas National Guard.

Words and phrases given a legislative definition must be construed according to that defined meaning.

Case name unavailable · filed 2004-06-30Tex. Gov't Code Ann. § 311.011(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.

When a statutory word has an established technical or particular meaning, courts must construe it according to that meaning.

Case name unavailable · filed 2004-08-12§ 311.011(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. Gov't Code Ann.§ 311.011(b) (West 1998) (Code Construction Act).

When a word has no technical or particular legal meaning, it is construed according to its common, ordinary meaning.

Opinion No. · filed 2004-10-12Tex. Gov't Code Ann. § 311.011(a)

The Act does not define any of the terms in section 2256.004(b), and we construe the phrase "investment donated to an investing entity," as it is commonly understood, to refer to an investment given to the entity as a gift.

When a statute does not define a term, the term is construed according to grammar and common usage unless it has acquired a technical meaning.

Opinion No. · filed 2004-10-22§ 311.011(a)-(b)

Again the Code fails to define the term "maintenance" and so we must construe it according to the rules of grammar and common usage, unless it has acquired a technical meaning. See Tex. Gov't Code Ann. § 311.011 (a)-(b) (Vernon 1998).

An undefined statutory term is construed according to common usage unless it has acquired a technical or particular meaning, in which case it is construed according to that meaning.

Opinion No. · filed 2004-10-22§ 311.011(a)

A court construes an undefined statutory term "according to . . . common usage," unless the term has "acquired a technical or particular meaning," in which case the term must be construed consistently with the technical or particular meaning.

Words and phrases are construed in context and according to their common usage unless they have an established technical meaning.

Opinion No. · filed 2005-01-12§ 311.011(a)

Words and phrases are to be read in context and construed according to common usage unless they have acquired a technical meaning by legislative definition or otherwise. See Tex. Gov't Code Ann. § 311.011 (Vernon 1998).

Statutory words and phrases are construed according to grammar and common usage unless they have acquired a technical or particular meaning.

Opinion No. · filed 2005-01-19Tex. Gov't Code Ann. § 311.011

We construe words and phrases according to the rules of grammar and common usage, unless the words and phrases have acquired a technical or particular meaning. See Tex. Gov't Code Ann. § 311.011 (Vernon 1998).

Statutory words are generally given their ordinary meaning, but words connected with a particular trade or subject matter or having a technical meaning are construed accordingly.

Opinion No. · filed 2005-01-19Tex. Gov't Code Ann. § 311.011(a)-(b)

Words in statutes are given their ordinary meaning unless the statute defines them or they are connected with and used with reference to a particular trade or subject matter or are a term of art.

Words and phrases that have acquired a technical or particular meaning must be construed according to that meaning.

Opinion No. · filed 2005-02-22Tex. Gov't Code Ann. § 311.011(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).

Section 311.011 requires statutes to be construed according to the plain and common meaning of their words in context, while words given a technical or particular meaning by legislative definition must be construed according to that definition.

Opinion No. · filed 2005-03-21(a), (b)

We start by looking at the plain and common meaning of the statute's words, viewing its terms in context and giving them full effect.

Statutory words must be read in context and given their ordinary meaning unless they have acquired a technical or particular meaning.

Opinion No. · filed 2005-06-17§ 311.011(a)

The Code Construction Act requires that "[w]ords and phrases shall be read in context and construed according to the rules of grammar and common usage," unless they "have acquired a technical or particular meaning, whether by legislative definition or otherwise."

Statutory words are given their ordinary meaning unless they are terms of art or have a particular meaning in a specific trade or subject.

American Housing Foundation and College Station Texas Southgate Village, LTD. v. Brazos County Appraisal District · filed 2005-06-22§ 311.011(b)

And words, unless used as a term of art or connected with a particular trade or subject matter, are given their ordinary meaning.

A word or phrase with a technical or particular meaning must be construed according to that meaning.

Sheshunoff v. Sheshunoff · filed 2005-07-29(b)

"Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly."

Statutory words and phrases must be read in context and given their common meaning unless they have acquired a technical or particular meaning.

Opinion No. · filed 2005-09-12Tex. Gov't Code Ann. § 311.011(a)-(b)

A statute's words and phrases are to be read in context and given their common meaning unless they have acquired a technical or particular meaning by definition or otherwise.

A word or phrase that has acquired a technical or particular meaning must be construed according to that meaning.

Opinion No. · filed 2005-11-03(b)

"Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly."

A statutory term is given its common-use meaning unless it has acquired a technical or particular meaning.

Duke Energy Field Services, LP v. Glendell Meyer, Rose Marie Meyer, and Eddith M. Hinkle · filed 2005-12-27§ 311.011(a)

Because the Texas Penal Code does not define the term "offense"; see Tex. Penal Code Ann. § 1.07 (Vernon 2003), the term must be defined by common usage unless the word has acquired a technical or particular meaning. Tex. Gov't Code Ann. § 311.011 (Vernon 2005).

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

Opinion No. · filed 2006-02-06§ 311.011(a)

We must also construe section 61.222 in context, considering the statute as a whole and in light of other statutes that govern the Coordinating Board. See Tex. Gov't Code Ann. § 311.011 (a) (Vernon 2005) (words and phrases to be read in context); ... As it is not defined by statute and is not a term of art, we must construe the term "same" according to its common meaning. See Tex. Gov't Code Ann. § 311.011 (Vernon 2005).

Words and phrases that have acquired a technical or particular meaning must be construed according to that meaning.

Opinion No. · filed 2006-02-13(b)

Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.

Section 311.011 requires statutes to be read according to the rules of grammar and common usage, while words and phrases with an acquired technical meaning are construed in that technical sense.

Opinion No. · filed 2006-02-13§ 311.011(a)-(b)

To do so, we must first attempt to construe statutes according to their plain language, see In re Canales, 52 S.W.3d 698 , 702 (Tex. 2001), reading the language according to the rules of grammar and common usage, unless it has acquired a technical meaning, see Tex. Gov't Code Ann. § 311.011 (a)-(b) (Vernon 2005).

When a statutory word lacks a technical or particular meaning, it is given its ordinary meaning.

Opinion No. · filed 2006-02-28§ 311.011(a)

When words do not have a technical or particular meaning by definition or otherwise, we are to give them their ordinary meanings. See Tex. Gov't Code Ann. § 311.011 (Vernon 2005).

When a statute does not define a term and it has no legally established meaning, the term is construed according to its ordinary, commonly understood meaning.

Opinion No. · filed 2006-03-13Tex. Gov't Code Ann. § 311.011(a)

In the absence of a legally defined meaning, a court will look to the plain meaning of a word as understood by the ordinary person. See Bingham v. State, 915 S.W.2d 9 , 15 (Tex.Crim.App. 1994); see also Tex. Gov't Code Ann. § 311.011 (Vernon 2005) (words and phrases construed according to the rules of common usage).

Section 311.011(a)-(b) requires statutory language to be construed according to grammar and common usage unless the language has acquired a technical meaning.

Opinion No. · filed 2006-04-13(a)-(b)

We must first attempt to construe statutes according to their plain language, see In re Canales, 52 S.W.3d 698 , 702 (Tex. 2001); Peek v. State, 106 S.W.3d 72 , 75 (Tex.Crim.App. 2003), reading the language according to the rules of grammar and common usage, unless it has acquired a technical meaning, see Tex. Gov't Code Ann. § 311.011 (a)-(b) (Vernon 2005); Tex. Code Crim. Proc. Ann. art. 3.01 (Vernon 2005).

Statutory words must be read in context and construed according to grammar and common usage unless they have acquired a technical or particular meaning.

Opinion No. · filed 2006-12-22§ 311.011(a)-(b)

To do so, we must first attempt to construe statutes according to their plain language, reading the language according to the rules of grammar and common usage, unless it has acquired a technical meaning.

When a statute gives a word or phrase a particular legislative definition, that definition controls how the word or phrase is construed.

Opinion No. · filed 2007-01-31§ 311.011(b)

We rely on the Act's definitions of "open" and "closed meeting" to construe the Act. See Tex. Gov't Code Ann. § 311.011 (b) (Vernon 2005) (words and phrases that have acquired a particular meaning by legislative definition shall be construed accordingly).

Statutory words are construed according to their plain meaning in context, while words and phrases with an established technical or particular meaning are construed accordingly.

Texas Parks & Wildlife Department v. Dearing · filed 2007-08-03(a), (b)

To that end, we consider statutory language in context, not in isolation.

When a word has acquired a technical or particular meaning, the statute must be construed according to that meaning.

Case name unavailable · filed 2007-10-11(b)

"words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly."

Statutory words are construed according to their common meaning, unless they have acquired a technical or particular meaning, in which case that meaning applies.

Criterium-Farrell Engineers v. Rick Owens and Karen Owens · filed 2008-02-14§ 311.011(a)-(b)

In determining the plain meaning of a statute, we are guided by section 311.011 of the Texas Government Code (the Code Construction Act), which provides for the common and technical use of the words in the Code.

Section 311.011 requires courts to read statutory language in context and give words their common meaning, while construing words with an acquired technical or particular meaning accordingly.

Case name unavailable · filed 2008-05-01(a), (b)

To that end, we consider statutory language in context, not in isolation. ... Words and phrases that have acquired a technical or particular meaning shall be construed accordingly.

When a statutory word has a recognized technical meaning, courts must use that technical meaning when construing the statute.

Case name unavailable · filed 2008-07-25(b)

Where statutory terms have acquired a technical meaning, we are to give effect to that meaning.

Section 311.011 requires courts to read statutory words in context according to grammar and common usage, but to apply an acquired technical or particular meaning when one exists.

Robert Scott, in His Official Capacity as Commissioner of Education for the State of Texas v. Presidio I.S.D. · filed 2008-08-28(a), (b)

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," but "[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 requires words to be read in context and given their common meaning unless they have an established technical or particular meaning.

Case name unavailable · filed 2008-09-17§ 311.011(a)-(b)

And words, unless used as a term of art or connected with a particular trade or subject matter, are given their ordinary meaning. In re BACALA , 982 S.W.2d 371, 380 (Tex. 1986); Tex. Gov't Code Ann. § 311.011 (West 2005).

Words in a statute must be understood in their surrounding context and according to ordinary grammar and common usage, unless they have an established technical or particular meaning, in which case that meaning governs.

Scott v. Presidio I.S.D. · filed 2008-10-01(a) and (b)

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," but "[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.")

Subsection (a) directs that statutory words ordinarily receive their common meaning, while subsection (b) directs that words with a technical or particular meaning be construed accordingly.

Opinion No. · filed 2008-10-07§ 311.011(a)-(b)

Ordinarily, a statute's words are to be given their common meanings. Tex. Gov't Code Ann. § 311.011 (a) (Vernon2005) (Code Construction Act). By contrast, "[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly." Id. § 311.011(b).

When interpreting a statute, courts must read its words and phrases in context and give them their ordinary grammatical and commonly used meanings.

Case name unavailable · filed 2009-04-08Tex. Gov't Code Ann. § 311.011(a)

We rely on the plain meaning of the text, unless a different meaning is supplied by legislative definition or is apparent from context, or unless such a construction leads to absurd results. City of Rockwall v. Hughes , 246 S.W.3d 621, 625-26 (Tex. 2008); 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").

When a statute gives a word a technical or particular meaning, courts must construe that word according to that meaning.

In Re TDST · 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).

Words and phrases must be read in context and construed according to grammar and common usage, while words with a technical or particular meaning must be construed according to that meaning.

in Re Hope Rampy · filed 2009-05-26§ 311.011(a)-(b)

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

When construing a statute, courts must use legislative definitions and any technical or particular meaning the words have acquired.

Milestone Potranco Development, Inc. v. the City of San Antonio and the San Antonio Planning Commission · filed 2009-05-27(b)

"We use definitions prescribed by the Legislature and any technical or particular meaning the words have acquired." City of Rockwall , 246 S.W.3d at 625; see also Tex. Gov't Code Ann. § 311.011(b) (Vernon 2005).

Section 311.011(a) requires statutory words and phrases to be read in context and given their ordinary meaning under grammar and common usage, unless a technical or different meaning is supplied by law or context.

Southern Plastics, Inc. v. Susan Combs, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney · filed 2009-07-01Tex. Gov't Code Ann. § 311.011(a)

"[w]ords and phrases shall be read in context and construed according to the rules of grammar and common usage"

A word with a technical or particular meaning must be construed according to that meaning, but the relevant technical meaning is determined in its applicable legal context.

Texas Bankers Ass'n v. Association of Community Organizations for Reform Now (ACORN) · filed 2010-01-08(b)

Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.

A technical meaning assigned to a word applies only in the context for which that technical meaning was established; it does not automatically control a different statutory or constitutional context.

Case name unavailable · filed 2010-01-08(b)

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 requires statutory words to be construed according to their plain and common meaning unless the Legislature or established usage gives them a technical or particular meaning.

Case name unavailable · filed 2010-04-29Tex. Gov't Code Ann. § 311.011(a)-(b)

We use definitions prescribed by the legislature and any technical or particular meaning the words have acquired, but otherwise we construe the statute's words according to their plain and common meaning unless a contrary intention is apparent from the context or unless such a construction leads to nonsensical or absurd results.

Section 311.011 requires courts to read statutory words in context using common usage unless a technical or particular meaning applies, in which case that meaning governs.

Case name unavailable · filed 2010-05-14§ 311.011(a)-(b)

We use definitions prescribed by the legislature and any technical or particular meaning the words have acquired, but otherwise, we construe the statute's words according to their plain and common meaning unless a contrary intention is apparent from the context, or unless such a construction leads to nonsensical or absurd results.

When construing a statute, the court must use legislatively prescribed definitions and account for any technical or particular meaning the words have acquired.

7-Eleven, Inc. v. Combs · filed 2010-05-19(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 and phrases with an acquired technical or particular meaning to be construed according to that meaning.

McGibney v. Rauhauser · filed 2018-04-19(b)

When looking at the plain meaning of a particular word, the Code Construction Act also directs us that "[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 requires words and phrases with an established technical or particular meaning to be construed according to that meaning; otherwise, statutory terms are read in context and under ordinary grammar and common usage.

Opinion No. · filed 2002-11-26(b)

Words and phrases that have acquired a technical or particular meaning, by legislative definition or otherwise, must be construed accordingly. See Tex. Gov't Code Ann. § 311.011 (b) (Vernon 1998). Otherwise, words and phrases must be read in context and construed according to the rules of grammar and common usage. Id . § 311.011(a). ... Under the Code Construction Act, "[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly." Id . § 311.011(a) (Vernon 1998). "Court interpreter," or "interpreter," is a technical legal term that refers to a person "sworn at a trial to accurately translate the testimony of a witness who is deaf or who speaks a foreign language." Black's Law Dictionary 824 (7th ed. 1999). ... Thus, to "act as a court interpreter" means to translate proceedings for a party or witness or to translate a party's or witness's testimony to others in the proceedings, serving as a conduit of information between the party or witness and other parties to the proceedings.

Section 311.011(a) directs courts to give statutory words and phrases their common meanings, while subsection (b) directs courts to use an established technical or particular meaning.

Opinion No. · filed 2005-08-26(a), (b)

Words and phrases must be construed according to their common meanings, see Tex. Gov't Code Ann. § 311.011 (a) (Vernon 2005), though "[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly," id . § 311.011(b).

Section 311.011(a) directs courts to construe statutory words consistently with their common usage.

Opinion No. · filed 2006-10-23(a)

Because we find no clear evidence of a legislative intent to exclude county public roads from the term "highway," section 263.002 on its face applies to abandoned county public roads. See Tex. Gov't Code Ann. § 311.011 (a) (Vernon 2005) (directing a reader to construe statutory words consistently with common usage); Greyhound Lines, Inc., 147 S.W.2d at 320 (quoting 29 C.J. p. 364) (defining the term "highway").

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

In Re Aag · filed 2009-11-24(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) (Vernon 2005).

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

Barnett v. City of Southside Place · filed 2017-03-14(b)

Here, by contrast, the term “public employee” is defined by the statute. 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 a legislatively defined term according to its statutory definition.

Hinojosa v. Metropolitan Transit Authority of Harris County, Texas · filed 2018-08-30(b)

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

Section 311.011 calls for statutory language to be read according to common usage, but phrases with an acquired meaning are read according to that meaning.

amazon.com, Incorporated v. Morgan McMillan, Individually and as Next of Friend of E.G., a Minor · filed 2021-06-25

Though statutory language should be construed according to common usage, phrases that have acquired a particular meaning—whether by definition or otherwise—should be construed accordingly.

Section 311.011(a) directs courts to construe undefined statutory terms according to grammar and common usage.

Rose Ex Rel. C.D. v. Ben C. Hebert Heirs · 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). Dictionaries determine a word’s common use.

Section 311.011 requires words and phrases to be read in context according to grammar and common usage, while technical or particular meanings are construed accordingly.

Stanley Shook// Terry Walden and Joy Walden v. Terry Walden and Joy Walden// Stanley Shook, Patrick Jaehne and S&J Endeavors, L.L.C. · filed 2010-02-18(b)

Tex. Gov’t Code Ann. § 311.011 (West 2005) (“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.”).

Section 311.011 directs courts to use legislative definitions and technical meanings, and otherwise apply words’ plain and common meanings unless context or absurd results require otherwise.

Texas Department of Public Safety v. Abbott · filed 2010-04-29

When interpreting statutes, courts should ascertain and give effect to the legislature’s intent as expressed by the plain meaning of the words in the statute. ... We use definitions prescribed by the legislature and any technical or particular meaning the words have acquired, but otherwise we construe the statute’s words according to their plain and common meaning unless a contrary intention is apparent-from the context or unless such a construction leads to nonsensical or absurd results. ... see also Tex. Gov’t Code Ann. § 311.011 (West 2005).

Section 311.011 directs courts to use technical or particular meanings when words have them and otherwise apply their plain and common meanings.

Hayes v. Carroll · filed 2010-05-14

We use definitions prescribed by the legislature and any technical or particular meaning the words have acquired, but otherwise, we construe the statute’s words according to their plain and common meaning unless a contrary intention is apparent from the context, or unless such a construction leads to nonsensical or absurd results.

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

Hutton v. State · filed 2010-05-25(a)

Words in a statute 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) (Vernon 2005); Tex. Penal Code Ann. § 1.05(b) (Vernon 2003); Ex parte Anderson, 902 S.W.2d 695, 699 (Tex.App.-Austin 1995, pet. ref d).

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

GTE Southwest, Inc. v. Susan Combs, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas · filed 2010-06-03

Our primary objective in statutory construction is to give effect to the legislature’s intent. Id. We seek that intent “first and foremost” in the statutory text. Lexington Ins. Co. v. Strayhorn, 209 S.W.3d 83, 85 (Tex. 2006). We rely on the plain meaning of the text, unless a different meaning is supplied by legislative definition or is apparent from context, or unless such a construction leads to absurd results. City of Rockwall v. Hughes, 246 S.W.3d 621, 625-26 (Tex. 2008); see Tex. Gov’t Code Ann. § 311.011 (West 2005) (“Words and phrases shall be read in context and construed according to the rules of grammar and common usage.”).

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

Bonilla v. State · filed 2010-06-03(a)

Relying on rules of grammar and common usage, we conclude “written order or grant of permission” means “written order” and “written grant of permission.”

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

Underwriters at Lloyds of London v. Robert Harris, Individually and D/B/A Harris Garage · filed 2010-06-03(a)

We 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).

Section 311.011 requires statutes to be interpreted using grammar and common usage unless words have a technical or particular meaning.

Chester Hicks v. State · filed 2010-06-15

When interpreting a statute, we construe words and phrases according to the rules of grammar and common usage unless they have acquired a technical or particular meaning. Tex. Gov’t Code Ann. § 311.011 (Vernon 2005).

Section 311.011 directs courts to use technical meanings when applicable and otherwise read words in context according to grammar and common usage.

In Re Cat · filed 2010-06-22(a), (b)

We use the Legislature's definitions and consider any technical or particular meaning the words may have acquired. City of Rockwall, 246 S.W.3d at 625 (citing TEX. GOV'T CODE ANN. § 311.011(b) (Vernon 2005)). Otherwise, we construe the words of the statute according to their plain and common meaning, unless such a construction leads to absurd results. Id. at 625-26; see also TEX. 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.").

Section 311.011 directs courts to read words in context and apply common usage while considering technical or particular meanings when applicable.

In the Interest of C.A.T. · filed 2010-06-22(a), (b)

We use the Legislature’s definitions and consider any technical or particular meaning the words may have acquired. ... Otherwise, we construe the words of the statute according to their plain and common meaning, unless such a construction leads to absurd results. ... see also Tex. 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.”).

Section 311.011 gives statutory words their common meaning unless they have acquired a technical meaning by legislative definition or otherwise.

Traxler v. Entergy Gulf States, Inc. · filed 2012-03-09(b)

The Legislature has directed courts to employ the common usage rule,26 but has also directed that words in a statute be given a technical meaning if such a meaning has been acquired “by legislative definition or otherwise.”27 We decline to depart from our usual preference for relying on the common meaning of statutory terms. The words “distribution” and “transmission” are common words that are used frequently in everyday conversation and writing, and can mean the same thing in common parlance.

Section 311.011 directs courts to read statutory words in context using grammar and common usage, while giving technical meanings to defined terms and terms of art.

Millstone Investment & Management, L.L.C. v. BNC Retax, L.L.C. · filed 2013-08-08

We employ the common usage rule, meaning words and phrases shall be read in context and construed according to the rules of grammar and common usage, but we will also give words a technical meaning if such a meaning has been provided by legislative definition or as a term of art. Traxler v. Entergy Gulf States, Inc., 376 S.W.3d 742, 747 (Tex. 2012) (citing Tex. Gov’t Code Ann. § 311.011).

Words with an established technical or particular meaning are construed according to that meaning.

in the Interest of K.D.H., a Child · filed 2014-04-03(b)

Words that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.

Section 311.011(b) requires words with an acquired technical or particular meaning to be construed accordingly; when no such meaning is apparent, undefined words receive their common meaning.

in the Interest of S.M.R., G.J.R. and C.N.R., Children · filed 2014-06-06(b)

Nor does the chapter indicate any special or technical meaning for the terms. See TEX. GOV’T CODE § 311.011(b) (requiring words and phrases to be construed according to any acquired technical or particular meaning). When terms are not defined and no technical or particular meaning is apparent from the context, we apply the statute’s words according to their common usage.

Section 311.011(b) requires a word with an acquired technical meaning to be construed according to that meaning; here, “detain” means a temporary or investigative detention under the Fourth Amendment.

Etheridge v. State · filed 2014-10-01(b)

While the term “detain” is not defined by the Penal Code, it is a term which has acquired a technical or particular meaning in the context of a law enforcement officer’s seizure of a person under the Fourth Amendment. See TEX.GOV’T CODE ANN. § 311.011(b). Thus, the statute must be construed in light of the technical meaning this term has acquired such that the term “detain” means a temporary or investigative detention under the Fourth Amendment.

Section 311.011 calls for statutory or technical meanings when applicable and otherwise gives words their plain and common meaning.

Willacy Cnty. Appraisal Dist. v. Sebastian Cotton & Grain, Ltd. · filed 2018-04-27(a), (b)

We use definitions prescribed by the Legislature and any technical or particular meaning the words have acquired. ... Otherwise, we construe the statute's words according to their plain and common meaning.

Section 311.011(a) directs courts to read statutory words according to grammar and common usage unless they have a technical or particular meaning.

Boltos v. State · filed 2020-09-11(a)

When interpreting a statute, we construe words and phrases according to the rules of grammar and common usage unless they have a technical or particular meaning. TEX.GOV’T CODE ANN. § 311.011(a); Ex parte Ruthart, 980 S.W.2d 469, 472 (Tex.Crim.App. 1998). So, without a technical definition provided by the statute, we give the phrase its common meaning and understanding.

Section 311.011(b) calls for a technical phrase, such as “mandamus proceeding,” to be read according to its established meaning.

In the Interest of G.L.J. and G.M.J., Children · filed 2024-05-24(b)

The phrase “mandamus proceeding” is a technical phrase, the definition of which we presume the Legislature knew when it enacted Section 463.4011.

Words and phrases with an acquired technical or particular meaning must be construed according to that meaning.

Texas Department of Public Safety v. Loeb · filed 2004-07-15(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.