Ex Parte Crouch

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

OVERSTREET, Judge.

A jury convicted Paul Houston Crouch of the offense of illegal investment, Tex. Health & Safety Code Ann. § 481.126, and assessed punishment at fifteen years confinement and a $50,000 fine. Following a hearing, the trial court denied appellant’s motion for post-trial bail on the basis that he was convicted of an offense listed under § 4.012(b) of the Controlled Substances Act [now § 481.107(bHe) ]. Appellant appealed the order denying post-trial bail by one point of error complaining that the trial court erred because the court misconstrued the meaning of Article 44.04(b) of the Texas Code of Criminal Procedure and § 4.012(b) of the Texas Controlled Substances Act.

In a published opinion, the Fort Worth Court of Appeals sustained appellant’s point of error and reversed and remanded to the trial court for the setting of bail. Ex parte Crouch, 822 S.W.2d 352 (Tex.App.—Fort Worth 1992).

I.

The question for review is whether Tex. Code Crim.Proc.Ann. Article 44.04(b) should be construed to require the denial of post-trial bail when a defendant has been convicted of one of the offenses listed under § 481.107(b) through (e), Tex.Health & Safety Code Ann., regardless of whether the defendant is a repeat felony offender as described in that statute.

Tex.Code Crim.Proc.Ann. Article 44.04(b) states:

Bond Pending Appeal
The defendant may not be released on bail pending the appeal from any felony conviction where the punishment exceeds 15 years confinement or where the defendant has been convicted of an offense listed under Sections 481.107(b) through (e), Health and Safety Code, but shall immediately be placed in custody and the bail discharged.

Section 481.107 of the Health and Safety Code provides:

Repeat Offenders
(a) If it is shown on the trial of a defendant for an offense listed under this section that the defendant has previously been convicted of a felony offense under this subchapter, on conviction the defendant shall be punished by the term of confinement and amount of fine imposed by this section.
*254(b) Punishment under this section, on conviction of an offense for which the punishment is otherwise imposed under Section 481.112(d)(1), 481.113(d)(1), 481.-114(d)(1), 481.115(d)(1), 481.116(d)(1), 481.-117(d)(1), 481.118(d)(1), 481.120(d)(1), or 481.121(d)(1), is confinement in the Texas Department of Corrections for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000.
(c) Punishment under this section, on conviction of an offense for which the punishment is otherwise imposed under Section 481.112(d)(2), 481.113(d)(2), 481.-114(d)(2), 481.115(d)(2), 481.116(d)(2), 481.-117(d)(2), 481.118(d)(2), 481.120(d)(2), or 481.121(d)(2), is confinement in the Texas Department of Corrections for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000.
(d) Punishment under this section, on conviction of an offense for which the punishment is otherwise imposed under Section 481.112(d)(3), 481.120(d)(3), or 481.121(d)(3), is confinement in the Texas Department of Corrections for life or for a term of not more that 99 years or less than 20 years, and a fine not to exceed $500,000.
(e) Punishment under this section, on conviction of an offense for which the punishment is otherwise imposed under Section 481.126(b), is confinement in the Texas Department of Corrections for life or for a term of not more than 99 years or less than 10 years, and a fine of not less than $100,000 or more than $1,000,-000.
(f) A person who is subject to prosecution under this section and Section 12.42, Penal Code, may be prosecuted under either section.

II.

The court of appeals determined that Article 44.04(b)’s denial of bail “where the defendant has been convicted of an offense listed under Sections 481.107(b) through (e)” applies only where the defendant is punished as a repeat offender pursuant to § 481.107. These designated subsections in 481.107 all contain a laundry list of various felony drug-trafficking offenses and punishments for same, one of which is illegal investment of which appellant was convicted. The court noted in its opinion that “§ 481.107 is captioned ‘Repeat Offenders’ making it apparent that the legislature intended that no bail be set for repeat offenders only.”

The State contends that in reading the statute the provision denies bail where the defendant “has been convicted of an offense listed under Sections 481.107(b) through (e), Health and Safety Code”, period. And that likewise the intent of the provision is that “a defendant is to be denied bail if convicted of an aggravated drug offense or of illegal investment.” It further argues that the Fort Worth Court of Appeals placed too much emphasis on the title of the section “repeat offenders” in arriving at its decision.

Appellant, on the other hand, contends that in order to trigger the provisions of § 481.107(b) through (e), one must satisfy the provision of paragraph (a) which requires that defendant must have been previously convicted of a felony offense under this subchapter.

III.

Statutes should be read as a whole and construed to give meaning to every part. (Section 312.005 Government Code.) The plain language of Article 44.04(b) makes clear that the Legislature intends to deny bail to the convicted felon where punishment exceeds 15 years confinement or where the defendant has been convicted of an offense which is listed under §§ 481.-107(b) through (e), Health and Safety Code. Review of §§ 481.107(b) through (e) includes the offense of which appellant was convicted: § 481.126(b), illegal investment.

While there is much concern for the “Repeat Offender” heading of the statute, we are not convinced that the legislative intent was that the (b) through (e) provisions were to be referenced exclusively in a repeat offender definition. Furthermore, the heading of a title, subtitle, chapter, sub-*255chapter, or section does not limit or expand the meaning of a statute. Section 311.024 Government Code.

In construing Article 44.04(b), we are directed to consider among other things the circumstances under which the statute was enacted, the object sought to be attained, and the consequences of a particular construction. See State v. Oliver, 808 S.W.2d 492, 495 (Tex.Cr.App.1991), and § 311.024 Government Code. Applying the above, the result is that persons convicted of first degree felony drug-trafficking and investment of funds from same will be denied bail upon appeal. This, the Legislature appears to have intended.1 Had it intended as the appellant argues, it would have been simple enough to include the entirety of § 481.107 as opposed to subsections (b) through (e) only. Subsections (b) through (e) are the only sections in the statute in which offenses are listed.

CONCLUSION

Where a statute is clear and unambiguous, it is not for the courts to add or subtract from it.

The judgment of the court of appeals is reversed and the trial court’s denial of bail reinstated.

. Search of the legislative history did not directly illuminate the intent for our purposes here. It is clear from the committee hearings that the intent was generally to provide for harsher penalties for drug traffickers and to expedite the judicial process and keep drug dealers from their trade. Denial of bail is consistent with this intent. H.B. 1191, 67th Leg., 1983.