Ex Parte Crouch

BENAVIDES, Judge,

concurring.

Our case law prescribing methods of statutory construction is in conflict with itself. I subscribe to the method expressed recently in Boykin v. State, 818 S.W.2d 782, 785-786 (Tex.Crim.App.1991), wherein we affirmed that “we necessarily focus our attention on the literal text of the statute in question[.]” Accordingly, I no longer accept the inconsistent position, articulated recently in Dillehey v. State, 815 S.W.2d 623, 625 (Tex.Crim.App.1991), that “[t]he intent of the legislature must be enforced by the courts even though it may not be entirely consistent with the strict letter of the statute.” See also State v. Oliver, 808 S.W.2d 492, 495 (Tex.Crim.App.1991). Because Government Code section 311.024 authorizes, but does not require, us to consider legislative history when construing statutes, I decline to do so in the case of *257legislation which is unambiguous on its face. Rather, clear and unambiguous statutes should, in my judgment, be construed according to the plain import of their words, without regard to the actual intent of the Legislature. “As jurists, we are obliged to implement the expressed will of our legislature, not the will it keeps to itself.” Garcia v. State, 829 S.W.2d 796, 799 (Tex.Crim.App.1992).

In the present context, I consider the statutory language in question to be reasonably susceptible on its face only of the reading here given it by the Court. That language clearly and unambiguously provides that persons convicted of an offense listed in section 481.107 of the Health and Safety Code shall not be released on an appeal bond. See Art. 44.04(b), V.A.C.C.P. Because Appellant in this case was undoubtedly convicted of just such an offense, it is plain to me that he may not be admitted to bail pending appeal. The literal text here is the law; it is the definitive evidence of legislative intent; and, the Legislature is entitled to expect that the Judiciary will follow the specific text that was adopted. Boykin, 818 S.W.2d at 785. Hence, I concur in the judgment, but do not think that further consideration of legislative intent is appropriate.