Tex. Gov't Code Ann. § 311.023

Section 311.023 provides the guiding principles for interpreting statutes, including consideration of public policy concerns and analogous statutory provisions.

Harris County v. DeWitt · filed 1994-05-19

The Texas Supreme Court has noted that the codified version of the Texas Tort Claims Act does not include the directive contained in the Act's earlier version that the Act be liberally construed. Univ. of Texas Medical Branch v. York, 871 S.W.2d 175, 177 n. 3 (Tex.1994). The supreme court has stated that the guiding principles for interpreting the Act must now necessarily be those set out in the Code Construction Act. TEX.GOVT'T CODE ANN. § 311.023 (Vernon 1990). Because the reasoning of our opinion today draws upon public policy concerns and analogous statutory provisions, we acknowledge here in advance that such avenues of interpretation are encouraged by the principles set out in the Code Construction Act.

Section 311.023 permits a court construing a statute to consider the object sought to be attained, the circumstances of enactment, legislative history, and the consequences of a particular construction.

Opinion No. · filed 2000-07-10

Because the statute does not identify the account in which the "surplus money" is located, define what it means for the money to be "surplus," or provide a reference for the tax that disqualifies a county from transfering surplus money, we examine the legislative history. See Tex. Att'y Gen. Op. No. JC-0164 (1999) at 5 ("Where the language of a statute is ambiguous, we may consider the statute's legislative history."); Tex. Gov't Code Ann. § 311.023 (1), (2), (3), (5) (Vernon 1998) (in construing a statute, court may take into account object sought to be attained, circumstances under which statute was enacted, legislative history, and consequences of a particular construction).

Section 311.023 permits a court construing a statute or ordinance to consider the objective, circumstances, legislative history, common law, former provisions, and similar laws even when the text is not facially ambiguous.

Rosenblatt, Bernard as Applicant for AVW, Inc. D/B/A Adult Video Megaplexxx v. City of Houston · filed 2000-10-19

When construing a statute or ordinance, whether or not the statute is ambiguous on its face, we consider such matters as the object sought to be attained by the statute, the circumstances involved, the legislative history, the common law, former provisions, and laws on the same or similar subjects. Tex. Gov't Code Ann. § 311.023 (Vernon 1998); Castle v. Harris , 960 S.W.2d 140, 143 (Tex. App.--Corpus Christi 1997, no pet.); Grothues v. City of Helotes , 928 S.W.2d 725, 728 (Tex. App.--San Antonio 1996, no writ).

Section 311.023 permits prior law to be considered as an aid to construing a code provision, but it may not be used to alter or disregard the provision's express terms.

Opinion No. · filed 2001-03-01

Pursuant to the Code Construction Act, Tex. Gov't Code Ann. § 311.023 (Vernon 1998), prior law may be considered as an aid to construction, so long as it is not "used to alter or disregard the express terms of a code provision." Fleming Foods of Texas, Inc. v. Rylander, 6 S.W.3d 278 , 284 (Tex. 1999). In this instance there is no substantive difference between the prior law and the code.

When a statute is ambiguous, courts may consider the common law as an extratextual factor in determining its meaning.

Cuellar v. State · filed 1997-11-06(4)

When the language of a statute is not plain but instead rather ambiguous, courts are permitted to consider extratextual factors. Boykin v. State, 818 S.W.2d 782, 785 (Tex.Crim.App.1991). Among the extratextual factors that may be considered is the common law. Tex. Gov't Code Ann. § 311.023(4) (Vernon 1988).

When construing a statute, courts may consider the circumstances under which it or a former statutory provision was enacted.

Opinion No. · filed 1999-04-28(2), (4)

As explained below, the enactment of these provisions as part of the substantive recodification of the Election Code in 1985 indicates that the legislature intended to limit the purposes for which chapter 19 funds could be used. See Tex. Gov't Code Ann. § 311.023 (2), (4) (in construing statute, may consider circumstances under which statute or former statutory provision enacted).

Section 311.023 permits a court construing a statute to consider specified extratextual matters, including the statute’s object, circumstances of enactment, legislative history, former provisions, and the consequences of a proposed construction.

Opinion No. · filed 2000-10-17(1)-(5)

We may also consider, among other things, the circumstances under which a statute was enacted, former statutory provisions, including laws on the same or similar subjects, and the consequences of a particular construction. See Tex. Gov't Code Ann. § 311.023 (Vernon 1998).

Section 311.023 authorizes courts construing an ambiguous statute to consider the objective sought, former statutory provisions and laws on the same or similar subjects, and the consequences of a particular construction.

Carole Keeton Rylander, Successor-in-Interest to John Sharp, Comptroller of Public Accounts; and John Cornyn, Successor-in-Interest to Dan Morales, Attorney General v. Fisher Controls International, Incorporated · filed 2001-04-26

In our attempt to find the intended meaning of the disputed statutory term, we are mindful that the Code Construction Act erects a presumption that a just and reasonable result was intended; and, the Act authorizes us to consider the objective sought to be obtained, former statutory provisions, including laws on the same or similar subjects, and the consequences of a particular construction of the disputed term. See Tex. Gov't Code Ann. § 311.023 (West 1998).

Section 311.023(1) permits courts to consider a statute's objective when interpreting it, even when the statute is unambiguous.

Travis County Attorney v. J.S.H. · filed 2001-01-11(1)

When interpreting a statute, whether or not ambiguous, a court may consider the object sought to be obtained. See Tex. Gov't Code Ann. § 311.023(1) (West 1998).

Section 311.023 permits courts construing a statute to consider legislative history, the object sought to be attained, and the consequences of a particular construction.

In Re Triantaphyllis · filed 2002-01-31(1), (3), (5)

In construing the statute, courts may consider the legislative history and "the object sought to be attained." In re Bell, slip op. at 3, ___ S.W.3d at ___ (citing Tex. Gov't Code Ann. § 311.023(1),(3) (Vernon 1998)). Courts may also consider the consequences of a particular construction. Tex. Gov't Code Ann. § 311.023(5).

Section 311.023 permits a court construing a statute to consider the object sought to be attained, the circumstances of enactment, legislative history, and the consequences of a particular construction.

Opinion No. · filed 2002-06-11

The Code Construction Act directs that when construing a statute a court (and this office) may consider, inter alia , the "object sought to be attained"; the "circumstances under which the statute was enacted"; the "legislative history"; and, the "consequences of a particular construction." Tex. Gov't Code Ann. § 311.023 (Vernon 1998).

Section 311.023 directs courts to consider a statute’s underlying object and the consequences of a particular construction when interpreting it.

COM'N v. Continental Cas. · filed 2002-08-08

The underlying object of a statute must inform a court's interpretation and application of that statute. See Tex. Gov't Code Ann. § 311.023 (West 1998). ... When interpreting a statute, we must be mindful of the consequences of a particular construction. Tex. Gov't Code Ann. § 311.023; Korndorffer v. Baker, 976 S.W.2d 696, 700 (Tex.App.-Houston [1st Dist.] 1997, pet. dism'd w.o.j.). ... A gap does not make sense in this statutory scheme.

Section 311.023(4) permits courts to consider former statutory provisions when construing a statute, even when the statute is unambiguous.

In the Matter of Francisco A. Fernandez and Maura M. Fernandez, Debtors. Francisco A. Fernandez and Maura M. Fernandez v · filed 1988-09-19(4)

Further, the Legislature in the Code Construction Act specifically allows us to look to former statutory provisions in construing a statute, whether or not the statute is ambiguous.

Section 311.023 permits courts to consider prior law, the circumstances of enactment, and legislative history when construing a code provision even if it is not facially ambiguous, but those aids cannot override clear statutory text.

In Re AM · filed 2003-04-24

Under the Code Construction Act, see Tex. Gov't Code Ann. §§ 311.001-311.034 (Vernon 1998 & Supp. 2002), which applies to the Texas Family Code, we may consider prior law, the circumstances under which the law was enacted, and legislative history, among other matters, to aid us in construing a code provision "whether or not the statute is considered ambiguous on its face." Tex. Gov't Code Ann. § 311.023 (Vernon 1998); Fleming Foods, 6 S.W.3d at 283. "But prior law and legislative history cannot be used to alter or disregard the express terms of a code provision when its meaning is clear from the code when considered in its entirety, unless there is an error such as a typographical one." Fleming Foods, 6 S.W.3d at 284.

Section 311.023 permits a court construing a statute to consider the object sought to be attained and the consequences of a particular construction.

In Re KLV · filed 2003-05-15

In construing a statute, regardless of whether the statute is considered ambiguous on its face, we may consider the object sought to be attained and the consequences of any particular construction. Tex. Gov't Code Ann. § 311.023; City of Dallas, 879 S.W.2d at 270.

Section 311.023(4) permits a court construing a statute, even if it is not facially ambiguous, to consider common law or former statutory provisions.

Opinion No. · filed 2003-05-27(4)

Section 311.023 provides that, "[i]n construing a statute, whether or not the statute is considered ambiguous on its face, a court may consider," inter alia , "common law or former statutory provisions." Tex. Gov't Code Ann. § 311.023 (4) (Vernon 1998). ... Section 49.056(c) is to be construed in harmony with chapter 311 of the Government Code, the Code Construction Act, which permits us to consider whatever common law may bear on the question. Id.

Section 311.023(4) permits a court construing a statute to consider former statutory provisions, including laws on the same or similar subjects.

Opinion No. · filed 2004-09-08(4)

However, the legislature's omission of language in the County Purchasing Act making contracts void is significant and must be given effect. ... see also Tex. Gov't Code Ann. § 311.023 (4) (Vernon 1998) (in construing a statute, a court may consider "former statutory provisions, including laws on the same or similar subjects").

Section 311.023 permits a court to consider legislative history and other contextual factors when construing a statute, even when the statute is not ambiguous on its face.

UNITED SERVICES AUTO. ASS'N v. Strayhorn · filed 2003-11-06

Because the code construction act prescribed such consideration when construing statutes enacted by the sixtieth or a subsequent legislature, and former articles 4.10 and 4.11 were originally passed before the sixtieth legislature, USAA believes that we are prohibited from considering any factors other than the words of the statutes as they appear on the page. See Tex. Gov't Code Ann. § 311.023 (West 1998). We note, however, that Texas courts developed a body of common law for construing statutes long before the legislature enacted the code construction act and often considered issues such as those objected to by USAA. ... Thus, USAA's argument is without merit.

Section 311.023 permits a court to consider, even when a statute is unambiguous, the circumstances of enactment and legislative history in determining legislative intent.

Opinion No. · filed 2005-01-11

However, we determine legislative intent from the entire act and not just isolated portions. See id. ; see also Tex. Gov't Code Ann. § 311.023 (Vernon 1998) (regardless of whether a statute is considered ambiguous, a court may consider, inter alia , the circumstances under which the statute was enacted and the legislative history).

Section 311.023(6) permits a court construing a statute to consider the administrative construction of that statute, whether or not the statute is ambiguous.

Berry Contracting, L.P. v. Texas Workforce Commission · filed 2004-05-20(6)

In construing a statute--whether it is ambiguous or not--we may consider the administrative construction of the statute.

Section 311.023(6) permits a court construing a statute to consider the agency's administrative construction, including giving serious consideration to a reasonable interpretation by the agency charged with enforcement.

Opinion No. · filed 2004-08-17(6)

In construing a statute, . . . a court may consider among other matters the . . . administrative construction of the statute . . . .

When construing a statute, a court may consider the statute's objectives, legislative history, and the consequences of a particular construction.

Opinion No. · filed 2004-06-23(1), (3), (5)

We may also consider, among other things, a statute's objectives, its legislative history, and the consequences of a particular construction. See Tex. Gov't Code Ann. § 311.023 (Vernon 1998); see also id . § 311.021(2)-(4) ("In enacting a statute, it is presumed that . . . the entire statute is intended to be effective[,] a just and reasonable result is intended[, and] a result feasible of execution is intended . . . .").

Section 311.023 permits a court to consider the listed statutory-construction factors whether or not the statute is facially ambiguous.

Purdin v. Copperas Cove Economic Development Corp. · filed 2004-07-21

The Code Construction Act provides the factors the court may consider: In construing a statute, whether or not the statute is considered ambiguous on its face, a court may consider among other matters the: (1) object sought to be attained; (2) circumstances under which the statute was enacted; (3) legislative history; (4) common law or former statutory provisions, including laws on the same or similar subjects; (5) consequences of a particular construction; (6) administrative construction of the statute; and (7) title (caption), preamble, and emergency provision. Tex. Gov't Code Ann. § 311.023 (Vernon 1998).

Section 311.023 permits courts construing a statute to consider, among other things, the statute's objective, the circumstances of its enactment, and the consequences of a proposed construction.

Opinion No. · filed 2004-12-06(1)-(2), (5)

This indicates that the legislature intends reinvestment zones, and tax increment financing, to exist for predefined periods and does not intend chapter 311 to authorize cities to extend them indefinitely. See Tex. Gov't Code Ann. § 311.023 (1)-(2), (5) (Vernon 1998) (in construing a statute, a court may consider, among other things, the object sought to be attained, the circumstances under which the statute was enacted, and the consequences of a particular construction).

Section 311.023 permits a court to consider former statutory provisions, administrative interpretations, the circumstances of enactment, and legislative history when construing a statute.

Opinion No. · filed 2004-10-13

Furthermore, in construing a statute, we may consider former statutory provisions on the same or similar subject, administrative interpretation, circumstances under which a statute was enacted, and the statute's legislative history, among other matters. See Tex. Gov't Code Ann. § 311.023 (Vernon 1998).

Section 311.023(3) gives a court discretion, rather than a duty, to consider legislative history when construing a statute.

City of San Antonio v. TPLP OFFICE PARK PROPERTIES, LTD. · filed 2004-11-09(3)

In support of its argument that the trial court erred, the City cites Texas Government Code 311.023 which states that a court "may" consider legislative history in construing a statute. See Tex. Gov't Code Ann. § 311.023(3) (Vernon 1998). Office Park refutes the City's argument, pointing out that the language of the statute indicates a court "may," not "shall," consider the legislative history. The use of the word "may" creates discretion in the trial court, rather than imposing a duty upon it. See TEX. GOV'T CODE ANN. § 311.016 (Vernon 1998).

Section 311.023 permits courts to consider legislative history, among other factors, when construing a statute.

Tarkington Independent School District v. Ellis · filed 2006-08-31

In construing the meaning of "possession" under the Education Code, we are directed by the Code Construction Act to examine, among other factors, the legislative history of the relevant statutory provisions. See Tex. Gov't Code Ann. § 311.023 (Vernon 2005).

Section 311.023 permits a court construing a statute to consider the object sought to be attained, legislative history, and the consequences of a particular construction.

Opinion No. · filed 2005-04-05(1), (3), (5)

Construing the term "service area" in section 130.161(2) to permit a junior college district to unilaterally extend its statutorily defined service area merely by providing services outside that territory would defeat the legislature's painstaking effort in sections 130.162 through 130.211 to precisely delineate a fixed service area for each Texas junior college district. See Tex. Gov't Code Ann. § 311.023 (1), (3), (5) (Vernon 2005) (in construing a statute, a court may consider the object sought to be attained, legislative history, and the consequences of a particular construction).

Section 311.023 permits a court to consider specified contextual and historical factors when construing a statute, whether or not the statute appears ambiguous on its face.

Gerald Wood, Mark Lee Wood, and Dave Lynn Wood v. J. R. Walker, Armstrong County Sheriff, Commissioners' Court of Armstrong County, Texas, Armstrong County, Texas, and Peggy Meathenia · filed 2007-03-27

In construing a statute, whether or not the statute is considered ambiguous on its face, a court may consider the object sought to be attained, the circumstances under which the statute was enacted, the statute's legislative history, the common law or former statutory provisions, the consequences of a particular construction, the administrative construction of the statute, as well as the title, preamble, or emergency provisions of the enactment. Tex. Gov't Code Ann. § 311.023 (Vernon 2005).

Section 311.023(4) permits courts to consider common law and former statutory provisions, including laws on the same or similar subjects, when construing statutes.

TXU Generation Company, L.P. v. Public Utility Commission of Texas · filed 2005-05-19(4)

Indeed, both chapter 39 of PURA as a whole and the Texas Free Enterprise and Antitrust Act seek to balance such interests. Compare Tex. Util. Code Ann. § 39.001(a) (West Supp. 2004-05), with Tex. Bus. & Com. Code Ann. § 15.04 (West 2002); see also Tex. Gov't Code Ann. § 311.023(4) (West 2005) (courts may consider "common law or former statutory provisions, including laws on the same or similar subjects").

Section 311.023(6) permits courts to give serious consideration to an agency's construction of an ambiguous statute when determining legislative intent.

Myers v. State of Texas · filed 2005-07-12(6)

If the meaning of a provision is doubtful or ambiguous, the construction placed upon a statutory provision by the agency charged with its implementations is entitled to serious consideration. Tex. Gov't Code Ann. § 311.023(6) (West 2005); Texas Water Comm'n v. Brushy Creek Mun. Util. Dist. , 917 S.W.2d 19, 21 (Tex. 1996).

Section 311.023 permits a court construing a statute to consider, among other matters, the objective, enactment circumstances, legislative history, and common law or former statutes.

Opinion No. · filed 2005-09-30

The 1905 legislature that adopted the predecessor of the auditor's oath in section 84.007(b) could not have understood it to apply to interlocal contracts, and the oath provision has never been modified to include such contracts. See Tex. Gov't Code Ann. § 311.023 (Vernon 2005) ("In construing a statute . . . a court may consider among other matters the: (1) object sought to be attained; (2) circumstances under which the statute was enacted; (3) legislative history; [and] (4) common law or former statutory provisions, including laws on the same or similar subjects. . . ."). For these reasons, we conclude that a county auditor's oath that he or she will not be "personally interested in a contract with the county" does not speak to county contracts with other governmental entities.

Section 311.023 permits courts construing a statute to consider the listed contextual matters, including legislative and statutory history, whether the statute is ambiguous or unambiguous.

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

Whether we find the statute ambiguous or unambiguous, the Texas Government Code provides that, in construing a statute, we may consider, among other matters, "the (1) object sought to be attained; (2) circumstances under which the statute was enacted; (3) legislative history; (4) common law or former statutory provisions, including laws on the same or similar subjects; (5) consequences of a particular construction; (6) administrative construction of the statute; and (7) title (caption), preamble, and emergency provision." Tex. Gov't Code Ann. § 311.023 (Vernon 2005). Of these matters, the legislative and statutory history are particularly instructive.

Section 311.023 permits courts to consider the statute's objective, legislative history, and the consequences of a proposed construction when ascertaining legislative intent.

Opinion No. · filed 2005-11-07

In attempting to ascertain the legislative intent behind a statute, we may consider, among other things, the object sought to be obtained, any legislative history, and the consequences of a particular construction. See Tex. Gov't Code Ann. § 311.023 (Vernon 2005); see also Union Bankers Ins. Co. v. Shelton, 889 S.W.2d 278 , 280 (Tex. 1994); Tex. Att'y Gen. Op. No. GA-0283 (2004) at 6.

Section 311.023 directs courts to construe a statute to give effect to the object it seeks to attain.

State v. Oakley · filed 2005-12-16

Third, in accordance with section 311.023 of the code construction act, we must construe the waiver provision to give effect to the object sought to be attained by the statute.

Section 311.023 permits a court to consider listed extrinsic factors, including legislative history, when determining legislative intent even if the statute is not ambiguous on its face.

the City of Houston v. Swinerton Builders, Inc. · filed 2007-06-21

However, even if the statute is not ambiguous on its face, the court may consider other factors to determine the Legislature's intent, "including the object sought to be obtained, the circumstances of the statute's enactment, the legislative history, the common law or former statutory provisions, and the consequences of a particular construction." Id. ; Tex. Gov't Code Ann. § 311.023 (Vernon 2005).

Section 311.023(5) permits a court construing a statute to consider the consequences of a particular construction, regardless of whether the statute is ambiguous.

Houston Independent School District v. Old Farms Owners Association, Inc. · filed 2007-07-26(5)

In construing a statute, whether it is considered ambiguous or not, the court may consider among other matters the "consequences of a particular construction." Tex. Gov't Code Ann. § 311.023(5); H & C Commc'ns v. Reed's Food Int'l, Inc. , 887 S.W.2d 475, 477 (Tex. App.--San Antonio 1994, no writ).

Section 311.023 permits courts to consider statutory-construction factors such as a statute's objective, enactment circumstances, legislative history, and consequences, but those factors do not authorize abandoning clear statutory text.

Texas Lottery Commission v. First State Bank of DeQueen · filed 2008-05-16

It is true, as the dissent emphasizes, that our construction of a statute's text may be informed by such considerations as "the object sought to be obtained, the circumstances under which the statutes were enacted, the legislative history, and the consequences of a particular construction." Tex. Gov't Code Ann. § 311.023 (West 2005); see Texas Lottery Comm'n, No. 03-07-00249-CV, 254 S.W.3d at 687 (Patterson, J. dissenting). This does not mean, however, that we are free to abandon the statutory text in favor of a contrary "construction" derived from these factors.

Section 311.023 requires courts construing a statute to consider the object the statute seeks to attain and the common law and former statutory provisions.

State v. Montgomery County, Texas · filed 2008-07-31

We must consider the object sought to be attained by the statute in question and the common law and former statutory provisions. Tex. Gov't Code Ann. § 311.023 (Vernon 2005).

Section 311.023(7) permits courts to consider a statute's title when construing the statute.

City of San Antonio, Acting By and Through the San Antonio Water System v. Lower Colorado River Authority, et al. · filed 2011-07-29(7)

But the statutes at issue here do not. Rather, the titles of sections 271.152 ("Waiver of Immunity to Suit For Certain Claims") and 271.153 ("Limitations on Adjudication Awards") make clear that the Legislature intended the former to govern immunity from suit and the latter to govern liability. See Tex. Gov't Code Ann. § 311.023(7) (West 2005) (court may consider statutes' titles in construing statutes).

Section 311.023 authorizes a court to consider factors including a statute’s objective, enactment circumstances, and legislative history even when the statutory language is unambiguous.

Opinion No. · filed 2008-07-03(1)-(3)

However, even with unambiguous statutory language, a court is authorized by section 311.023 , Government Code, to consider other factors such as the object to be obtained, the circumstances under which the statute was enacted, and the legislative history. Tex. Gov't Code Ann. § 311.023 (1)-(3) (Vernon 2005).

Section 311.023 permits courts to consider listed extrinsic aids, including legislative history and the consequences of a construction, when construing a statute whether its language is ambiguous or unambiguous.

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

Whether we find the statute ambiguous or unambiguous, the Texas Government Code provides that, in construing a statute, we may consider, among other matters, "the (1) object sought to be attained; (2) circumstances under which the statute was enacted; (3) legislative history; (4) common law or former statutory provisions, including laws on the same or similar subjects; (5) consequences of a particular construction; (6) administrative construction of the statute; and (7) title (caption), preamble, and emergency provision." Tex. Gov't Code Ann. § 311.023 (Vernon 2005).

Section 311.023 permits courts construing a statute to consider its title or caption.

Janice Lee and Bob Lee v. Loftin · filed 2009-01-30

This construction of section 87.004 is informed by the plain language of the text, including its title, "Exceptions to Limitation on Liability." See Tex. Civ. Prac. & Rem. Code Ann. § 87.004 (Vernon 2005); see also Tex. Gov't Code Ann. § 311.023 (Vernon 2005) (permitting courts to consider the title or caption of a statute).

Section 311.023 permits a court, when deciding whether a statutory amendment changed or merely clarified prior law, to consider legislative history and former statutory provisions.

Ex Parte Ellis · filed 2009-03-17

When determining whether an amendment such as that in question here was a change or clarification, we may review the legislative history and former statutory provisions. Tex. Gov't Code Ann. § 311.023 (West 2005).

Section 311.023(6) allows a court to give great weight to an administrative agency's construction of an ambiguous statute when the agency is charged with administering it.

In Re RR, Jr. · filed 2009-03-19(6)

But construction of a statute by the executive department charged with its administration is entitled to great weight.

Section 311.023(3) permits courts to consider legislative history, but it does not allow legislative debate statements to override unambiguous statutory language.

Hernandez v. Brinker International, Inc. · filed 2009-03-31(3)

The Code Construction Act permits consideration of legislative history, see Tex. Gov't Code Ann. § 311.023(3) (Vernon 2005), but it does not permit elevating legislative debate statements over unambiguous statutory language.

Section 311.023 makes statutory-construction aids, including legislative history, permissive; when the statutory language is unambiguous, the court may rely on the enacted text without resorting to those aids.

Amarillo 'Dillas Baseball Club, LLC v. Potter County, Texas · filed 2012-10-11

Whereas the Code Construction Act uses the permissive term "may" when describing what aids the courts may turn to when construing a statute, we think the better practice is to rely on the actual language used by the legislature, unless the statute at issue is ambiguous. See Tex. Gov't Code Ann. § 311.023 (West 2005); Alex Sheshunoff Mgmt. Servs., L.P. v. Johnson, 209 S.W.3d 644, 652 (Tex. 2006).

Section 311.023(3) permits courts to consider legislative history when construing a statute.

Valentine Cantu v. Texas Workforce Commission · filed 2004-01-08(3)

When construing a statute, we may also consider legislative history as part of our efforts to ascertain and effectuate the intent of the legislature. Tex. Gov't Code Ann. § 311.023(3) (West 1998).

Section 311.023(5) permits a court construing a statute to consider the consequences of a particular construction, even when the statute is not facially ambiguous.

Destec Energy, Inc., Destec Operating Company, Cogen Lyondell, Inc., and Lyondell Petrochemical Company v. Houston Lighting & Power Company · filed 1998-04-02(5)

"In construing a statute, whether or not the statute is considered ambiguous on its face, a court may consider among other matters the: . . .(5) consequences of a particular construction." Code Construction Act, Tex. Gov't Code Ann. § 311.023 (West 1988). The trial court was well within its discretion in considering the effect on third parties and HL&P as consequences of its construction of the self-use exception in the Code.