89th Legislature

HB 113

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 113 proposes a comprehensive revision to the Texas Code Construction Act (Chapter 311, Government Code), reshaping the legal framework used by courts to interpret Texas statutes. The bill seeks to codify a strict textualist approach to statutory interpretation, where the plain and ordinary meaning of a statute's text governs, and non-textual sources such as legislative intent or agency interpretation are largely excluded.

Key provisions of the bill include clarifying the legal meaning of "shall" and "must," both of which are commonly used in Texas statutes. Under the new definitions, “shall” imposes a duty and is not discretionary, while “must” imposes a requirement and establishes either a duty or a condition precedent. The bill adds Section 311.0211 to prohibit courts from considering legislative intent and Section 311.0212 to bar reliance on legislative history, including statements by bill authors, committee reports, or gubernatorial signing remarks, except when needed to determine the common understanding of statutory language at the time of enactment.

Additionally, Section 311.0213 of the bill limits judicial deference to agency interpretations of law. Courts may no longer defer to an agency’s construction of a statute unless that construction is both reasonable and consistent with the statute’s plain language. The bill also clarifies that grammatical or scrivener’s errors in legislation should not void the law, allowing courts to correct such errors based on what an ordinary English reader would reasonably understand. Other revisions address how courts resolve conflicts between general and specific statutes, interpret uniform laws, and apply severability clauses, now presuming all statutory provisions are severable unless expressly stated otherwise.

Overall, HB 113 seeks to reduce interpretive discretion by courts and state agencies, reinforcing a more rigid and literal application of the written law. It represents a significant shift in how Texas courts will approach questions of statutory meaning moving forward.

The Committee Substitute version of HB 113 makes several notable changes to the originally filed version of the bill, refining its language, scope, and structure while preserving the bill’s core textualist approach to statutory interpretation.

First, one of the key differences lies in the scope of amendments. The original bill amends both Chapters 311 and 312 of the Government Code—Ch. 312 generally applies to the construction of laws outside of codified statutes, while the Committee Substitute narrows the focus exclusively to Chapter 311, the Code Construction Act. This shift simplifies application by limiting the reforms to statutes codified in Texas codes, thereby reducing the risk of unintended consequences in non-code statutes or other legal contexts.

Second, the structure and clarity of language have improved in the Committee Substitute. For example, both versions prohibit courts from considering legislative intent and legislative history, but the substitute tightens these provisions. It explicitly limits the court’s interpretive authority to the “common, ordinary meaning that the words of the statute had to a reasonable speaker of the English language at the time of the statute’s enactment,” whereas the original simply referred to “the meaning...to an ordinary speaker.” This emphasizes historical textualism and aligns more closely with judicial canons used by federal courts.

Third, the agency deference language in both bills aims to limit judicial deference to state agencies. The committee substitute softens this by allowing courts to consider agency interpretations if they are “reasonable and do not conflict with the plain language,” whereas the original says courts “are not required to give deference” without similar qualifying language. This revision balances the anti-deference stance with a practical judicial discretion clause.

Finally, several sections and repealers from the original bill (e.g., 311.0311, 311.037, 312.0051-.0053, 312.0081-.0082) were either removed or consolidated in the Committee Substitute. This includes a significant rollback of the aggressive severability and saving construction mandates found in the original bill. The original contained detailed provisions forcing courts to adopt severability even when it could lead to judicial rewriting—language which was removed or replaced with more modest treatment in the substitute.

Overall, the Committee Substitute version of HB 113 offers a more focused, carefully worded statutory reform while still achieving the bill’s goal of enforcing textual fidelity in Texas law. It reflects an effort to reduce overreach, align better with existing interpretive doctrines, and make the bill more palatable in both legislative and judicial contexts.
Author
Cody Vasut
Briscoe Cain
Jeff Leach
Richard Hayes
Michael Schofield
Co-Author
Greg Bonnen
Ben Bumgarner
Mano DeAyala
Carrie Isaac
Terri Leo-Wilson
John McQueeney
William Metcalf
Keresa Richardson
David Spiller
Terry Wilson
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 113 is not expected to have a significant financial impact on the state. The LBB states that any costs related to implementing the bill’s changes—primarily the new interpretive rules imposed on the judiciary—can be absorbed within existing agency resources, particularly within the Office of Court Administration and the Texas Judicial Council.

The bill primarily imposes procedural constraints on how Texas courts interpret statutes, particularly by prohibiting reliance on legislative intent, legislative history, and requiring strict textual interpretation. These changes do not necessitate new infrastructure, staffing, or ongoing state expenditures. Consequently, agencies responsible for supporting the judiciary are not expected to require additional appropriations to implement the reforms.

Similarly, there is no anticipated fiscal impact on local governments. Since the bill pertains to statutory interpretation standards rather than programmatic mandates or regulatory changes, its implementation does not impose new duties, costs, or responsibilities on counties, municipalities, or local courts.

Overall, the bill’s fiscal footprint is minimal, making it budget-neutral while still representing a significant policy shift in Texas jurisprudence.

Vote Recommendation Notes

HB 113 represents a meaningful shift in how Texas courts would interpret statutes, aiming to embed strict textualism into law. The bill reinforces the primacy of legislative text by prohibiting courts from relying on legislative intent, history, or agency interpretations when construing statutory language, except in limited contexts where historical meaning is relevant to understanding the text. These changes promote a clearer separation of powers and reaffirm that the legislature, not the judiciary or executive agencies, is the final authority on the content of the law.

From a liberty standpoint, the bill advances key principles. It promotes Limited Government by curbing judicial activism and preventing agencies from expanding statutory meaning through interpretation. It strengthens Private Property Rights and Free Enterprise by creating greater legal predictability and reducing the risk of interpretive drift that can expose individuals and businesses to unexpected liabilities. It also affirms Individual Liberty by rooting enforcement in democratically enacted language, not inferred purposes or unelected interpretations.

However, the bill’s current form raises practical and constitutional concerns about judicial flexibility. While most statutes can and should be interpreted by their plain text, situations do arise where the legislative history provides valuable clarification, especially when the statutory language is ambiguous, outdated, or uses undefined terms in a novel context. Completely prohibiting courts from consulting any legislative history, even to understand the ordinary public meaning of terms at the time of enactment, risks producing interpretations at odds with legislative purpose or constitutional values. While the committee substitute improves on the original bill by permitting historical context to define ordinary meaning, a modest amendment could provide more targeted flexibility.

Similarly, although the bill prohibits courts from deferring to agency interpretations, it rightly preserves their ability to consider those interpretations if they are reasonable and consistent with the statute’s plain language. This safeguard is appropriate and should be retained. Still, additional clarification could better define what qualifies as “reasonable” to ensure courts are not entirely barred from using agency guidance where statutes are complex or technical.

Finally, the bill repeals several longstanding interpretive canons that have served as useful, if non-binding, guideposts, such as the presumption that statutes aim for just, feasible, and constitutional outcomes. While these canons have occasionally supported expansive interpretations, they also serve a valuable role in promoting coherent, fair, and effective governance. A clarifying amendment could preserve judicial awareness of these values without granting them controlling authority.

In sum, HB 113 substantially supports liberty-aligned legal reforms by reinforcing legislative supremacy and textual clarity. Although it contains some rigidity that could be softened to prevent unintended consequences in edge cases, its core thrust is consistent with key liberty principles. For that reason, Texas Policy Research recommends that lawmakers vote YES on HB 113 but also strongly recommends strengthening amendments that enhance its precision and practical effectiveness.

  • Individual Liberty: The bill affirms the idea that individuals should be governed only by laws passed by their elected representatives, not by post-hoc interpretations from courts or agencies. By requiring that laws be interpreted strictly according to their original public meaning, it protects individuals from judicial activism or reinterpretation that could expand liability or limit rights beyond what the legislature intended. However, completely prohibiting courts from considering legislative history—even when the statute is ambiguous—may reduce the judiciary’s ability to interpret laws in a manner that protects civil rights or advances remedial legislative purposes. In some cases, the inability to reference context could impair courts’ ability to resolve ambiguous or outdated language in a way that safeguards individual liberties.
  • Personal Responsibility: The bill does not directly affect the principle of personal responsibility, as it does not change the substance of laws governing personal conduct. However, to the extent that it fosters greater clarity in statutory meaning, individuals may benefit from clearer legal expectations, thereby reinforcing the idea that people are responsible for understanding and complying with the law as written.
  • Free Enterprise: By curbing judicial and agency discretion, the bill reduces the risk that courts or regulators will reinterpret statutes in ways that create new obligations or liabilities for businesses. This promotes a stable legal environment and supports the rule of law—both essential components of a healthy free-market system. However, businesses operating in complex regulatory areas often rely on agency interpretations to guide compliance. The bill’s ban on judicial deference to agency interpretations could introduce uncertainty, especially in technical fields where statutes may not be self-explanatory. A narrow allowance for agency guidance that aligns with statutory text helps mitigate this, but concerns remain.
  • Private Property Rights: The bill strengthens protections for property owners by insisting that statutes be applied strictly according to their text. This limits the possibility of courts or agencies expanding regulatory interpretations in ways that might infringe on property rights or impose unforeseen restrictions. By restraining governmental interpretation to what the law expressly says, the bill helps guard against regulatory takings or ambiguous land use restrictions.
  • Limited Government: This is where the bill most clearly advances liberty principles. It limits the power of courts to infer meaning beyond the statutory text and bars agencies from expanding their authority through interpretation. It reinforces the separation of powers by making the judiciary an enforcer of legislative text, not an interpreter of legislative purpose or agency preference. This curtailment of interpretive discretion represents a substantive reassertion of legislative primacy in lawmaking.
View Bill Text and Status