TRANSPORTATION CODE
TITLE 3. AVIATION
CHAPTER 21. ADMINISTRATION OF AERONAUTICS
SUBCHAPTER A. GENERAL PROVISIONS
§ 21.001. DEFINITIONS. In this chapter:
(1) "Aeronautics" means:
(A) the art and science of flight of aircraft;
(B) aviation;
(C) the operation, navigation, piloting,
maintenance, and construction of aircraft or component parts of
aircraft;
(D) air navigation aids, including lighting,
markings, and aircraft, ground, and related communications;
(E) air crew and air passenger facilities;
(F) airports and airstrips and their design,
construction, repair, maintenance, or improvement; and
(G) the dissemination of information and
instruction concerning any of the matters in this subdivision.
(2) "Aircraft" means a device intended, used, or
designed for flight in the air.
(3) "Commission" means the Texas Transportation
Commission.
(4) "Department" means the Texas Department of
Transportation.
(5) "Director" means the director of the Texas
Department of Transportation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.002. AVIATION DIVISION. The powers and duties
granted to the department by this chapter or by other law related to
aviation shall be performed, under the direction of the commission,
by the aviation division.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.003. AVIATION ADVISORY COMMITTEE. (a) The
aviation advisory committee consists of six members appointed by
the commission to advise the commission and the department on
aviation matters.
(b) A committee member must have five years of successful
experience as:
(1) an aircraft pilot;
(2) an aircraft facilities manager; or
(3) a fixed-base operator.
(c) A committee member serves at the pleasure of the
commission.
(d) A committee member may not receive compensation for
serving as a member but is entitled to reimbursement for reasonable
expenses incurred in performing the member's duties.
(e) The commission may adopt rules to govern the operations
of the committee.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.004. TEXAS AVIATION OPERATING ACCOUNT. (a) The
Texas aviation operating account is an account in the state highway
fund.
(b) The department shall deposit all money received from the
sale of advertising in the Texas Airport Directory to the credit of
the account.
(c) Money in the account may be appropriated for the
operation of the department or for other purposes as authorized by
the General Appropriations Act.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.005. SUIT AGAINST DEPARTMENT. (a) An interested
party who is adversely affected by an act, decision, rate, charge,
order, or rule adopted by the department and who fails to get relief
from the department may file a petition against the department in a
district court of Travis County, Texas.
(b) The petition must set forth the air carrier's or party's
particular objections to the act, decision, rate, charge, order, or
rule.
(c) The court shall give priority to an action described by
Subsection (a) over all other causes on the docket of a different
nature.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.006. SAFE AIRCRAFT OPERATION. (a) An aircraft
operated in the state shall be operated safely.
(b) An aircraft is operated safely if the operation complies
with the United States laws and regulations governing air traffic
and aeronautical operation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER B. GENERAL POWERS AND DUTIES
§ 21.051. AERONAUTIC DEVELOPMENT. The department and
the director shall encourage and assist the development of
aeronautics in this state.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.052. COOPERATION WITH OTHER ENTITIES IN AERONAUTIC
DEVELOPMENT. The department and the director may:
(1) cooperate with or assist the United States, a
governmental subdivision of this state, or a person engaged in
aeronautics or in the development of aeronautics; and
(2) coordinate the aeronautical activities of
entities described by Subdivision (1).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.053. GOVERNMENTAL SUBDIVISION COOPERATION IN
AERONAUTIC DEVELOPMENT. A governmental subdivision may cooperate
with the department in the development of aeronautics.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.054. AUTHORITY TO CONTRACT. (a) The department
may contract as necessary or advisable to execute its powers under
this chapter.
(b) The department may not enter an agreement that binds the
state to make a payment that is not authorized by an appropriation
from general revenues or from the aeronautics fund.
(c) Repealed by Acts 1999, 76th Leg., ch. 115, § 1, eff.
May 17, 1999.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1999, 76th Leg., ch. 115, § 1, eff. May 17, 1999.
§ 21.055. GRANT OR GIFT WITH PRESCRIBED PURPOSE. The
department may accept from any person a grant or gift of money or
property for which the person has prescribed a particular use for an
aeronautical purpose.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.056. RECORD OF GRANT OR GIFT. The department shall
maintain in its office a record of money, property, or a grant given
to the department under this chapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.057. USE OF GRANT OR GIFT ACCORDING TO TERMS. The
department shall use money, property, or a grant given to the
department under this chapter according to the terms of the grant or
gift.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.058. EXPENDITURE OF GRANTS OR GIFTS OF MONEY. The
department may not spend a grant or money given to the department
unless the expenditure is authorized by order of the commission.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.059. GIFTS OF LAND. To develop aeronautics for the
common good and safety of the residents of the state or to provide
for catastrophe, disaster, or state or national emergency, the
state or department may accept from any person a gift of any
interest in real property that:
(1) may be used as a navigational aid;
(2) is on or adjacent to an airport or airstrip; or
(3) may be used as an airport or airstrip.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.060. JURISDICTION, ADMINISTRATION, AND LEASING OF
LAND, NAVIGATIONAL AIDS, OR FACILITIES. (a) The department has
jurisdiction over and shall administer land given to the
department.
(b) The department may:
(1) exercise jurisdiction over and administer
navigational aids or facilities given to the state or to the
department; and
(2) lease land, navigational aids, or facilities given
to the state or to the department.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.061. FUNDING CONSTRUCTION OF FACILITIES AND
IMPROVEMENTS. (a) The department may construct on land given to
the department an improvement, facility, or navigational aid that
the department determines is necessary or advisable.
(b) Money in the aeronautics fund may be used for a purpose
described by Subsection (a).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.062. LEASE OF LAND OR IMPROVEMENT. (a) The
department may lease land given to the department or an improvement
on the land to any person if the department finds after
investigation that:
(1) the lease is desirable or essential:
(A) to develop aeronautics for the common good
and safety of the residents of this state; or
(B) to provide for catastrophe, disaster, or
state or national emergency;
(2) the lessee is financially responsible; and
(3) the amount of periodic rental payments is at least
equal to the amount that the department has spent for improvements
on the land, amortized over the term of the lease.
(b) The department shall produce and maintain in the
department's office a written statement of the findings required by
Subsection (a).
(c) The department shall submit a lease entered into by the
department to the attorney general for approval as to form before
the lease becomes effective.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.063. TERMS OF LEASE OF LAND OR IMPROVEMENT. (a) A
lease of land given to the department or a lease of an improvement
on the land must provide that:
(1) the lessee shall maintain, in accordance with the
standards the department prescribes, the land, premises, and
improvements the department placed on the land;
(2) if the lease or a rule or order of the department
that pertains to the lease is violated:
(A) the lease terminates immediately; and
(B) the lessee shall surrender the premises to
the department without liability and without court action; and
(3) in time of national or state disaster, emergency,
or catastrophe, the department may use, for the department or
others, the land, premises, or improvements the department placed
on the land as the governor or the department determines, without
liability or cost.
(b) The term of a lease of land given to the department or
the lease of an improvement on the land may not exceed 20 years.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.064. REPORTS AND INFORMATION. (a) The department
may report to an appropriate agency of another state or of the
United States that a proceeding has been instituted that charges a
violation of this chapter or of a federal statute.
(b) The department on its own initiative or by request may
issue to a state or municipal officer authorized by the department
or by the United States to enforce a law relating to aeronautics a
report about:
(1) a proceeding instituted that charges a violation
of this chapter or of a federal statute;
(2) penalties; or
(3) other information.
(c) The department may receive a report of penalties or
other information from an agency of another state or of the United
States.
(d) The department may enter into a necessary agreement with
the United States or an agency of another state governing the
delivery, receipt, exchange, or use of a report or other
information.
(e) The department shall submit an agreement entered into by
the department under Subsection (d) to the attorney general for
approval as to form.
(f) A report issued by the department is not evidence of a
violation and may not be received as evidence by a court.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.065. AERONAUTICAL EDUCATION PROGRAMS AND FLIGHT
CLINICS. (a) The department may:
(1) organize and administer an aeronautical education
program in colleges and schools of this state and for the public;
and
(2) prepare and conduct one or more flight clinics for
air crews.
(b) The department may charge for conducting a program or
clinic under Subsection (a).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.066. AERONAUTICAL PUBLICATIONS. (a) The
department may issue aeronautical publications as required in the
public interest.
(b) The department shall charge a fee sufficient to recover
the cost of preparing and distributing a department publication
that does not clearly promote public safety.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.067. TEXAS AIRPORT DIRECTORY. (a) The department
may:
(1) issue the Texas Airport Directory;
(2) sell advertising in the directory; and
(3) advertise the sale of the directory in other
publications.
(b) The department shall charge not less than $5 for the
Texas Airport Directory.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.068. ENGINEERING AND TECHNICAL SERVICES. (a) The
department may provide engineering or technical services to any
person in connection with aeronautical activities, including the
planning, acquisition, construction, improvement, maintenance, or
operation of an airport, air navigation facility, or other
aeronautical activity, if providing the services is:
(1) reasonably possible; and
(2) in the interest of public safety and welfare.
(b) The department may charge for a service under this
section.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.069. STATE AIRPORT IN CENTRAL TEXAS. (a) The
department, in consultation with the State Aircraft Pooling Board,
shall establish a state airport in Central Texas that is open to the
general public.
(b) In determining an appropriate location for the airport,
the department shall consider:
(1) the convenience, comfort, and accommodation of air
traffic flying into and departing from the Central Texas region,
including persons traveling for business and commercial reasons,
government officials, and tourists; and
(2) the safe operation of aircraft flying into and
departing from the Central Texas region.
(c) In determining an appropriate location for the airport,
the department may not consider:
(1) any property in a municipality without the
approval of the governing body of the municipality;
(2) any property outside of a municipality without the
approval of the commissioners court of the county in which the
property is located; or
(3) the property in Austin, Texas, identified as
Robert Mueller Airport.
(d) The commission may acquire by the exercise of eminent
domain property that the commission considers necessary to enable
the department to meet its responsibilities under this section.
(e) The department may utilize only federal matching funds,
federal grants, in-kind contributions, private sector funds,
nonprofit grants, and local government funding for the
establishment of this facility.
(f) The department shall have all the powers necessary or
appropriate to implement this section, including all the powers
granted to a local government under Chapters 22, 23, and 25.
(g) Upon completion of the construction of the airport, the
department shall contract with a private entity or a county or
municipality for the long-term management, operation, and
maintenance of the facility. Such contract shall comply with all
applicable Federal Aviation Agency regulations relating to the
management, operation, and maintenance of an airport.
Added by Acts 2001, 77th Leg., ch. 1118, § 1, eff. Sept. 1, 2001.
§ 21.070. MARKING OF WIRELESS COMMUNICATION
FACILITY. (a) In this section:
(1) "Cultivated field" means any open space or pasture
larger than five acres in which a plant or tree nursery is located
or an agricultural crop, including cotton, corn, grain, grapes,
beets, peanuts, and rice, but not including grass grown for hay, is
grown on a continuing basis.
(2) "Wireless communication facility" has the meaning
assigned by Section 35.111, Business & Commerce Code.
(b) Absence of plants, seedlings, or a crop on a temporary
basis due to crop rotation or other farm management techniques does
not remove an open area from the definition of "cultivated field."
(c) This section applies only to an antenna structure that
is used to provide commercial wireless communications services and
that is located in a cultivated field or within 100 feet of a
cultivated field.
(d) A person who proposes to construct a wireless
communication facility that is at least 100 feet but not more than
200 feet in height above ground level shall mark the highest guy
wires on the facility, if any, with two warning spheres each.
Added by Acts 2003, 78th Leg., ch. 1222, § 3, eff. June 20, 2003.
SUBCHAPTER C. AVIATION FACILITIES DEVELOPMENT AND FINANCIAL
ASSISTANCE
§ 21.101. FINANCIAL ASSISTANCE FOR CONSTRUCTION AND
REPAIR OF AVIATION FACILITIES. (a) The department may loan or
grant money to a state agency with a governing board authorized to
operate an airport or to a governmental entity in this state to
establish, construct, reconstruct, enlarge, or repair an airport,
airstrip, or air navigational facility if:
(1) the money has been appropriated to the department
for that purpose; and
(2) providing the money will:
(A) best serve the public interest; and
(B) best discharge the governmental aeronautics
function of the state or its political subdivisions.
(b) A loan or grant under this subchapter must be made under
a contract.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.102. LOAN PREFERRED. The department shall:
(1) make a loan instead of a grant whenever feasible
under this subchapter; and
(2) carefully consider making a loan instead of a
grant for an improvement that produces revenue.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.103. COMMISSION VOTE REQUIRED FOR GRANT OR
LOAN. Under this subchapter, the commission may not make:
(1) a grant unless two-thirds of the entire commission
votes in favor of the grant; or
(2) a loan unless a majority of the entire commission
votes in favor of the loan.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.104. REVOLVING LOAN FUND. The department shall:
(1) place the principal and interest derived from a
loan in a revolving loan fund; and
(2) administer the fund for future loans and their
administration.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.105. REQUIREMENTS FOR LOAN OR GRANT. (a) The
commission may not approve a loan that bears interest of less than
three percent annually or that has a term that exceeds 20 years.
(b) Before approving a loan or grant, the commission shall
require that:
(1) the airport or facility remain in the control of
each political subdivision involved for at least 20 years;
(2) the political subdivision disclose the source of
all funds for the project and the political subdivision's ability
to finance and operate the project;
(3) at least 10 percent of the total project cost be
provided by sources other than the state; and
(4) the project be adequately planned.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.106. PRIORITIES FOR FINANCIAL ASSISTANCE. The
commission, with the advice of the aviation advisory committee,
shall establish and maintain a method for determining priorities
among locations and projects eligible to receive state financial
assistance for aviation facility development.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.107. AVIATION FACILITIES DEVELOPMENT
PROGRAM. (a) The commission, with the advice of the aviation
advisory committee, through the preparation and adoption of an
aviation facilities development program, shall provide for a
statewide airport system to serve the state's air transportation
needs for the least practicable cost.
(b) The program must identify:
(1) the requirements for aviation facilities;
(2) the location of aviation facilities;
(3) the timing of aviation facilities;
(4) eligibility for funding; and
(5) the investment necessary for the program.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.108. AVIATION FACILITIES CAPITAL IMPROVEMENT
PROGRAM. (a) The commission, with the advice of the aviation
advisory committee, shall prepare a multiyear aviation facilities
capital improvement program.
(b) The aviation facilities capital improvement program
must:
(1) include the priorities determined under Section
21.106; and
(2) have an estimated annual cost for the total
program that is approximately equal to the revenue that is forecast
to be available for aviation facilities development during the
year.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.109. REVIEW AND REVISION OF AVIATION FACILITIES
CAPITAL IMPROVEMENT PROGRAM. The commission, with the advice of
the aviation advisory committee, shall:
(1) periodically review the capital improvement
program to determine the need to:
(A) revise the system development criteria;
(B) add or delete aviation facility
requirements;
(C) revise program priorities; and
(D) add, delete, or revise the scope of projects
in the program; and
(2) revise the program at least annually.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.110. AVIATION FACILITIES CAPITAL IMPROVEMENT
PROGRAM; BUDGET PREPARATION. The department shall consider the
aviation facilities capital improvement program in preparing the
department's biennial budget request to the legislature.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.111. PUBLIC HEARING. (a) The commission or the
commission's authorized representative shall hold a public hearing
before approving any financial assistance under this subchapter,
except as provided by Section 21.1115.
(b) The commission shall give each interested party an
opportunity to be heard at the hearing.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.03(a), eff. Sept. 1, 1997.
§ 21.1115. EMERGENCY LOAN OR GRANT. (a) In an
emergency, the director or the director's designee may award a loan
or grant without holding a public hearing under rules adopted by the
commission.
(b) Before awarding a contract under this section, the
director or the director's designee must certify in writing the
fact and nature of the emergency that requires the award of the
contract.
(c) Not later than the fifth working day after the date a
contract is awarded under this section, the director shall notify
in writing each member of the commission of the details of the
emergency and the award.
(d) In this section, "emergency" means a situation or
condition at a general aviation airport that requires immediate
attention because of an existing unsafe condition that should be of
sufficient concern to require a notice to airmen under FAA Order
7930.2E.
Added by Acts 1997, 75th Leg., ch. 165, § 30.03(b), eff. sept. 1,
1997.
§ 21.112. EXPENDITURE OF AIR FACILITY CONSTRUCTION MONEY
BY STATE GOVERNMENTAL ENTITIES. A governmental entity that
receives money from the department to establish, construct,
reconstruct, enlarge, or repair an airport, airstrip, or air
navigational facility shall spend the money for those purposes and
in conformity with commission rules.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.113. AIRPORT HAZARD ZONING ORDINANCE
REQUIRED. The department may not pay the final 10 percent of its
share of project costs under a grant until the sponsor has enacted
an airport hazard zoning ordinance or order under Chapter 241,
Local Government Code.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.114. AGENT FOR FEDERAL FUNDS. (a) The department
is the agent of the state and of each political subdivision of the
state for the purpose of applying for, receiving, and disbursing
federal funds for the benefit of a general aviation airport under
federal law, including 49 U.S.C. Sections 2201-2227.
(b) This section does not apply to a reliever airport.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER D. INVESTIGATION AND ENFORCEMENT
§ 21.151. INVESTIGATION, INQUIRY, OR HEARING. (a) The
department may conduct an investigation, inquiry, or hearing
concerning a matter covered by this chapter or a rule or order of
the department.
(b) The hearing shall be open to the public.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.152. CONDUCT OF INVESTIGATION, INQUIRY, OR
HEARING. A member of the commission, the director, or an officer
or employee of the department who has been designated by the
commission to hold an investigation, inquiry, or hearing may:
(1) administer an oath;
(2) certify an official act;
(3) issue a subpoena;
(4) order the attendance and testimony of a witness;
or
(5) order the production of a paper, book, or
document.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.153. NONCOMPLIANCE WITH SUBPOENA OR
ORDER. (a) If a person fails to comply with a subpoena or order
issued under Section 21.152, the department shall notify the
attorney general.
(b) The attorney general may bring suit to enforce the
subpoena or order in the name of the state in a district court of
Travis County.
(c) If the court determines that noncompliance with the
subpoena or order was not justified, the court shall order the
person to comply with the requirements of the subpoena or order.
(d) Failure to obey the order of the court is punishable as
contempt.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.154. CIVIL PENALTY. (a) A person, including an
officer, agent, servant, or employee of a corporation, is liable
for a civil penalty if the person:
(1) violates this chapter;
(2) violates an order, decision, rule, direction,
demand, or requirement of the department adopted under this
chapter; or
(3) procures or aids a violation of this chapter.
(b) A penalty under this section may not exceed $100 a day
for each day of the violation.
(c) The attorney general or the county or district attorney
in the county in which the violation occurs shall institute and
conduct a suit for the penalty:
(1) in the county in which the violation occurs; and
(2) in the name of the state.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.155. INJUNCTIVE RELIEF. (a) A district court of a
county in which a violation of this chapter or a rule, order, or
decree of the department under this chapter has occurred may
restrain and enjoin the person who committed the violation from
committing a further violation.
(b) The court may grant injunctive relief:
(1) in a suit for a civil penalty brought under this
chapter; or
(2) on application of the department, the attorney
general, a district or county attorney, or a competing air carrier
even if a suit for a civil penalty has not been brought.
(c) The department, attorney general, or district or county
attorney is not required to post a bond when seeking injunctive
relief under this section.
(d) In this section, "air carrier" means a person who,
wholly or partly in this state, owns, controls, operates, or
manages an aircraft as a common carrier in the transportation of
persons or property for compensation but does not include an air
carrier who operates between a place in this state and a place
outside this state.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.156. ENFORCEMENT OF CHAPTER. (a) The department
may enforce this chapter by revoking or suspending a lease or
permit.
(b) The department shall notify the attorney general of a
violation of this chapter. The attorney general may bring suit to
enforce this chapter in a district court of the defendant's county
of residence.
(c) The court may enforce this chapter by injunction or
other appropriate legal process.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 21.157. COOPERATION WITH UNITED STATES IN LAW
ENFORCEMENT. The department shall work with agencies of the United
States in enforcing the statutes, directives, rules, and
regulations of the United States.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
