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Tex. Gov't Code § 311.016

"MAY," "SHALL," "MUST," ETC

Known as the Code Construction Act

The act spans §§ 311.001 to 311.036 (27 sections).

Applied in 2 court decisions — leading case Texas Department of Protective & Regulatory Services v. Mega Child Care, Inc. (2004)

Most recently applied in in Re Commitment of Joel Lopez (April 2015)

Added by Acts 1997, 75th Leg., ch. 220, Sec. 1, eff

The following constructions apply unless the context in which the word or phrase appears necessarily requires a different construction or unless a different construction is expressly provided by statute:

(1) "May" creates discretionary authority or grants permission or a power.

(2) "Shall" imposes a duty.

(3) "Must" creates or recognizes a condition precedent.

(4) "Is entitled to" creates or recognizes a right.

(5) "May not" imposes a prohibition and is synonymous with "shall not."

(6) "Is not entitled to" negates a right.

(7) "Is not required to" negates a duty or condition precedent.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.