|Review of Proposed Code Chapters
The council staff encourages examination and review of the code by any interested person. Meticulous care has been exercised by the staff to include in the proposed code all source law assigned to the code and to ensure that no substantive change has been made in the law. A complete and adequate outside review is necessary, however.
Organization. Each code is divided into titles, subtitles, chapters, subchapters, and sections. Sections are numbered decimally, and the number to the left of the decimal point is the same as the chapter number. Gaps in chapter and section numbering are for future expansion.
Each preliminary draft chapter is arranged to facilitate review. The chapter states the Revised Law, which is the text of the proposed new language, and then provides the Source Law, which is the text of the current law from which the revised law is taken. If further explanation of either the revised law or the source law is required, a Revisor's Note is included after the source law. All substance in the source law should be revised in the revised law or the reason for its omission should be explained in a revisor's note. Where a cross-reference has been changed as a result of the reorganization of the statutes, the current cross-reference is indicated in brackets.
Helpful Tips. Because of the extensive reorganization of many statutes, it may be helpful for a reviewer to refer to the source law as printed in Vernon's Texas Civil Statutes (so that the quoted source law may be seen in present context). The reviewer should also keep in mind the following:
- The Code Construction Act (Chapter 311, Government Code) applies to the code. That act sets out certain principles of statutory construction applicable to new codes and also provides some definitions.
- Each proposed code chapter is written in modern American English. Where possible, the present tense is used; the active rather than the passive voice is preferred; and the singular is used in preference to the plural.
- This is a nonsubstantive revision. The staff's authority does not include improving the substance of the current law. The sole purpose of this project is to compile the relevant law, arrange it in a logical fashion, and rewrite it without altering its meaning or legal effect. If a particular source statute is ambiguous and the ambiguity cannot be resolved without a potential substantive effect, the ambiguity is preserved. In addition, the code does not attempt to reflect court decisions that have not been approved by the Texas court of last resort or the possible effect of recent federal legislation.