Texas Former Prosecutors
Texas Penal Code Sec. 1.05. CONSTRUCTION OF CODE
Board Certified Criminal Defense Attorney Brian Foley provides commentary on the Texas Penal Code, Criminal Law, and Evidence.
Sec. 1.05 of the Texas Penal Code provides rules for the construction of the code. The section clarifies that the rule that a penal statute is to be strictly construed does not apply to this code. This means that the provisions of this code should be interpreted according to their fair import and should be constructed in a way that promotes justice and effectuates the objectives of the code. The section also clarifies that certain provisions of the Code Construction Act (Sections 311.011, 311.012, 311.014, 311.015, and 311.021 through 311.032 of Chapter 311 of the Government Code) apply to the construction of this code, unless a different construction is required by the context. These provisions relate to the interpretation and construction of statutes, including the use of definitions, rules of construction, and presumptions. In addition, the section provides guidance on how to reference different units within the code. A reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of this code. Section 311.011: Definitions - This section provides definitions for terms used in the Code Construction Act, including terms like "person," "oath," and "signature." Section 311.012: General Definitions - This section provides additional definitions for terms used in the Code Construction Act, including terms like "statute," "state," and "county." Section 311.014: Common Law Preserved - This section clarifies that the common law of England and judicial decisions are still in effect in Texas unless they conflict with the state or federal constitution, a statute, or an administrative rule. Section 311.015: Liberal Construction of Code - This section directs courts to construe the Code Construction Act liberally to promote justice and the public interest. Sections 311.021 through 311.032: Rules of Construction - These sections provide a variety of rules for interpreting statutes, including rules related to the use of definitions, punctuation, and statutory presumptions. Sec. 1.05. CONSTRUCTION OF CODE. (a) The rule that a penal statute is to be strictly construed does not apply to this code. The provisions of this code shall be construed according to the fair import of their terms, to promote justice and effect the objectives of the code. (b) Unless a different construction is required by the context, Sections 311.011, 311.012, 311.014, 311.015, and 311.021 through 311.032 of Chapter 311, Government Code (Code Construction Act), apply to the construction of this code. (c) In this code: (1) a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of this code; and (2) a reference to a subchapter, subsection, subdivision, paragraph, or other numbered or lettered unit without further identification is a reference to a unit of the next-larger unit of this code in which the reference appears. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1985, 69th Leg., ch. 479, Sec. 69, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.