Sec. 311.025. IRRECONCILABLE STATUTES AND AMENDMENTS. (a) Except as provided by Section 311.031(d), if statutes enacted at the same or different sessions of the legislature are irreconcilable, the statute latest in date of enactment prevails.
(b) Except as provided by Section 311.031(d), if amendments to the same statute are enacted at the same session of the legislature, one amendment without reference to another, the amendments shall be harmonized, if possible, so that effect may be given to each. If the amendments are irreconcilable, the latest in date of enactment prevails.
(c) In determining whether amendments are irreconcilable, text that is reenacted because of the requirement of Article III, Section 36, of the Texas Constitution is not considered to be irreconcilable with additions or omissions in the same text made by another amendment. Unless clearly indicated to the contrary, an amendment that reenacts text in compliance with that constitutional requirement does not indicate legislative intent that the reenacted text prevail over changes in the same text made by another amendment, regardless of the relative dates of enactment.
(d) In this section, the date of enactment is the date on which the last legislative vote is taken on the bill enacting the statute.
(e) If the journals or other legislative records fail to disclose which of two or more bills in conflict is latest in date of enactment, the date of enactment of the respective bills is considered to be, in order of priority:
(1) the date on which the last presiding officer signed the bill;
(2) the date on which the governor signed the bill; or
(3) the date on which the bill became law by operation of law.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 340, Sec. 2, eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 220, Sec. 2, eff. May 23, 1997.
Structure Texas Statutes
Chapter 311 - Code Construction Act
Subchapter C. Construction of Statutes
Section 311.021. Intention in Enactment of Statutes
Section 311.022. Prospective Operation of Statutes
Section 311.023. Statute Construction AIDS
Section 311.025. Irreconcilable Statutes and Amendments
Section 311.026. Special or Local Provision Prevails Over General
Section 311.027. Statutory References
Section 311.028. Uniform Construction of Uniform Acts
Section 311.029. Enrolled Bill Controls
Section 311.030. Repeal of Repealing Statute
Section 311.031. Saving Provisions
Section 311.032. Severability of Statutes
Section 311.034. Waiver of Sovereign Immunity
Section 311.035. Construction of Statute or Rule Involving Criminal Offense or Penalty