reglab/housing_qa huggingface dataset:
TX Fin Code § 346.103 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 346 - Revolving Credit Accounts|Subchapter B. Interest Charge and Fees|Section 346.103. Fees

Sec. 346.103.  FEES.  (a)  The following fees may be charged to or collected from a customer in connection with an account under this chapter:(1)  an annual fee not to exceed:(A)  $50 a year on an account with a credit limit of $5,000 or less;(B)  $75 a year on an account with a credit limit exceeding $5,000 but not exceeding $25,000; and(C)  $125 a year on an account with a credit limit exceeding $25,000;(2)  a late charge not to exceed the lesser of $15 or five percent of the payment due after the payment continues unpaid for 10 days or more after the date the payment is due, including Sundays and holidays;(3)  a cash advance charge not to exceed the greater of $2 or two percent of the cash advance;(4)  a returned check fee as provided for a loan agreement under Chapter 342 by Section 3.506, Business & Commerce Code; and(5)  a fee for exceeding a credit limit not to exceed the greater of $15 or five percent of the amount by which the credit limit is exceeded.(b)  A creditor may not charge, contract for, or receive interest on fees authorized under this section.(c)  A customer's monthly statement must contain the following notice printed or typed in at least 10-point type that is boldfaced, capitalized, underlined, or otherwise conspicuously set out from the surrounding written material:  "A LATE CHARGE OF FIVE PERCENT OF THE PAYMENT DUE OR A MAXIMUM OF $15 WILL BE ASSESSED FOR A PAYMENT MADE 10 DAYS OR MORE AFTER THE DATE PAYMENT OF THIS BILL IS DUE."(d)  With respect to a revolving credit account secured by an interest in real property, a creditor may contract for, charge, and receive additional fees or charges permitted under Section 342.308 as if the revolving credit account were a secondary mortgage loan under Chapter 342.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1348, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 887, Sec. 3, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1182 (H.B. 3453), Sec. 9, eff. September 1, 2011.|
TX Fin Code § 346.201 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 346 - Revolving Credit Accounts|Subchapter C. Creditor's Duties and Authority|Section 346.201. Insurance; Collateral

Sec. 346.201.  INSURANCE;  COLLATERAL.  In connection with a revolving credit account, a creditor may require or take insurance subject to the provisions of Chapter 342, relating to insurance, as if the revolving credit account were a loan contract under that chapter.  A creditor may require or take real or personal property as collateral.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.55, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 887, Sec. 4, eff. Sept. 1, 2003.|
TX Fin Code § 346.202 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 346 - Revolving Credit Accounts|Subchapter C. Creditor's Duties and Authority|Section 346.202. Amounts Authorized to Be Recovered From Customer

Sec. 346.202.  AMOUNTS AUTHORIZED TO BE RECOVERED FROM CUSTOMER.  (a)  A creditor may recover from a customer amounts incurred by the creditor for:(1)  court costs;(2)  attorney's fees assessed by a court;(3)  a fee authorized by law for filing or recording in a public office a document securing a revolving credit account, including a document releasing a security interest;(4)  a fee for recording a lien on or transferring a certificate of title to a motor vehicle securing a revolving credit account;(5)  a reasonable amount spent for repossessing, storing, preparing for sale, or selling collateral;  or(6)  a premium or an identifiable charge received in connection with sale of insurance authorized for a revolving credit account.(b)  With respect to a revolving credit account secured by an interest in real property, a creditor may contract for, charge, and receive additional fees or charges permitted under Section 342.307 as if the revolving credit account were a secondary mortgage loan under Chapter 342.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 887, Sec. 5, eff. Sept. 1, 2003.|
TX Fin Code § 346.203 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 346 - Revolving Credit Accounts|Subchapter C. Creditor's Duties and Authority|Section 346.203. More Than One Revolving Credit Account Authorized

Sec. 346.203.  MORE THAN ONE REVOLVING CREDIT ACCOUNT AUTHORIZED.  (a)  On a customer's request, a creditor may enter into more than one revolving credit account with the customer and may charge interest on each account.(b)  A creditor may not require that a customer enter into more than one revolving credit account for the purpose of collecting interest at a rate greater than the rate authorized by law.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 346.204 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 346 - Revolving Credit Accounts|Subchapter C. Creditor's Duties and Authority|Section 346.204. Amendment of Revolving Credit Account by Creditor

Sec. 346.204.  AMENDMENT OF REVOLVING CREDIT ACCOUNT BY CREDITOR.  (a)  A creditor unilaterally may amend a revolving credit account.(b)  A change made under Subsection (a) that relates to an existing or future balance of a revolving credit account and that is adverse to the customer may not take effect before the first billing cycle that begins after the 90th day after the date of written notice of the change to the customer unless the amendment is made under Section 303.103.(c)  With respect to a revolving credit account secured by an interest in real property, a creditor who makes a change under Subsection (a) that relates to an existing or future balance of the account and that is adverse to the customer must comply with the procedures in Section 303.103.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1235, Sec. 16, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 887, Sec. 6, eff. Sept. 1, 2003.|
TX Fin Code § 346.205 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 346 - Revolving Credit Accounts|Subchapter C. Creditor's Duties and Authority|Section 346.205. Compliance With Federal Consumer Credit Protection Act

Sec. 346.205.  COMPLIANCE WITH FEDERAL CONSUMER CREDIT PROTECTION ACT.  This chapter does not change a creditor's obligation to comply with the Consumer Credit Protection Act  (15 U.S.C. Section 1601 et seq.)|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 346.206 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 346 - Revolving Credit Accounts|Subchapter C. Creditor's Duties and Authority|Section 346.206. Acceleration or Immediate Payment Demand Prohibited

Sec. 346.206.  ACCELERATION OR IMMEDIATE PAYMENT DEMAND PROHIBITED.  With respect to a revolving credit account secured by an interest in real property, a creditor may not accelerate or demand immediate payment of an amount owed under the account unless the customer is in default under the terms of the account agreement.|Added by Acts 2003, 78th Leg., ch. 887, Sec. 7, eff. Sept. 1, 2003.|
TX Fin Code § 347.001 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter A. General Provisions|Section 347.001. Legislative Finding

Sec. 347.001.  LEGISLATIVE FINDING.  The legislature finds that credit transactions, both credit sales and consumer loans, for the purchase of manufactured homes should be regulated equally in the same chapter.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 347.002 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter A. General Provisions|Section 347.002. Definitions

Sec. 347.002.  DEFINITIONS.  (a)  In this chapter:(1)  "Consumer" means a person to whom credit is extended in a credit transaction.  The term includes a comaker, endorser, guarantor, surety, or another person who is obligated to repay the extension of credit.(2)  "Credit document" means a written instrument evidencing a credit transaction and includes all written agreements between each consumer and creditor that relate to that transaction.(3)  "Credit transaction" means:(A)  any sale, loan, or other transaction involving a retail purchase of a manufactured home and under which a person in a written agreement, including a credit sales contract or loan instrument, grants to another person a purchase money lien on the manufactured home to secure an extension of credit that is:(i)  subject to a finance charge;  or(ii)  payable in more than four installments, not including a down payment;  and(B)  a lease or bailment described by Section 347.003.(4)  "Creditor" means a:(A)  person who extends credit or arranges for the extension of credit in a credit transaction;  or(B)  retailer or broker, as defined by Section 1201.003, Occupations Code, who participates in arranging for the extension of credit in a credit transaction.(5)  "Manufactured home" has the meaning assigned by Section 1201.003, Occupations Code.  The term includes furniture, appliances, drapes, carpets, wall coverings, and other items that are:(A)  attached to or contained in the structure;  and(B)  included in the cash price and sold with the structure.(b)  To the extent possible, a word or phrase used in this chapter, other than a term defined by this section, has the meaning assigned by the Truth in Lending Act (15 U.S.C. Section 1601 et seq.) and its subsequent amendments, as implemented by Regulation Z (12 C.F.R. Part 1026).|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.773, eff. Sept. 1, 2003.Amended by: Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 72, eff. September 1, 2017.|
TX Fin Code § 347.003 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter A. General Provisions|Section 347.003. Bailment or Lease as Credit Transaction

Sec. 347.003.  BAILMENT OR LEASE AS CREDIT TRANSACTION.  (a)  A bailment or lease of a manufactured home is a credit transaction if the bailee or lessee:(1)  agrees to pay as compensation for use of the manufactured home an amount that is substantially equal to or that exceeds the aggregate value of the property and services involved;  and(2)  on compliance with the agreement becomes the owner of the manufactured home or has the option to become the owner of the manufactured home, for nominal or no additional consideration.(b)  A bailment or lease that the bailee or lessee may terminate at any time without penalty is not a credit transaction.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 347.004 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter A. General Provisions|Section 347.004. Compliance With Federal Consumer Credit Protection Act

Sec. 347.004.  COMPLIANCE WITH FEDERAL CONSUMER CREDIT PROTECTION ACT.  (a)  A creditor shall comply with all applicable requirements, including required disclosures, under the Truth in Lending Act (15 U.S.C. Section 1601 et seq.) and its subsequent amendments, as implemented by Regulation Z (12 C.F.R. Part 1026) adopted under that Act.(b)  A regulation, disclosure, or interpretation of this chapter that is inconsistent or in conflict with a federal regulation, disclosure, or interpretation does not apply.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 73, eff. September 1, 2017.|
TX Fin Code § 347.005 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter A. General Provisions|Section 347.005. Federal Residential Mortgage Loans Programs

Sec. 347.005.  FEDERAL RESIDENTIAL MORTGAGE LOANS PROGRAMS.  (a)  A creditor and consumer may agree to any provision in the credit transaction that is expressly authorized in a program for residential mortgage loans by the United States, including the Office of Thrift Supervision, the Office of the Comptroller of the Currency, or the Department of the Treasury.(b)  If a creditor and consumer agree on an alternative residential mortgage loan from a program described by Subsection (a), the creditor shall comply with all limitations and requirements, including required disclosures, of the regulating entity that relate to the loan.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 347.006 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter A. General Provisions|Section 347.006. Waiver Not Valid

Sec. 347.006.  WAIVER NOT VALID.  No act or agreement of the consumer before or at the time of the making of a credit transaction or purchase under the transaction is a valid waiver of any provision of this chapter.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 347.007 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter A. General Provisions|Section 347.007. Application of Chapter to Commercial Loans

Sec. 347.007.  APPLICATION OF CHAPTER TO COMMERCIAL LOANS.  This chapter does not apply to a credit transaction that is entered into primarily for commercial or business purposes.|Added by Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 2.18, eff. September 1, 2005.|
TX Fin Code § 347.008 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter A. General Provisions|Section 347.008. Applicability

Sec. 347.008.  APPLICABILITY.  Each credit transaction extended to a person who is located in this state at the time the transaction is entered into is subject to this chapter.|Added by Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 30, eff. September 1, 2019.|
TX Fin Code § 347.051 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter B. Credit Document|Section 347.051. Appearance of Credit Document; Consumer Notice

Sec. 347.051.  APPEARANCE OF CREDIT DOCUMENT;  CONSUMER NOTICE.  (a)  The printed part of a credit document, other than instructions for completion, must be in at least eight-point type.(b)  A credit document must contain substantially:"NOTICE TO THE CONSUMER--DO NOT SIGN THIS DOCUMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE DOCUMENT YOU SIGN. UNDER THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND OBTAIN A SUBSTANTIAL REFUND OF THE CREDIT CHARGE. KEEP THIS DOCUMENT TO PROTECT YOUR LEGAL RIGHTS."|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 347.052 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter B. Credit Document|Section 347.052. Disclosure of Amount of Delinquency Charge

Sec. 347.052.  DISCLOSURE OF AMOUNT OF DELINQUENCY CHARGE.  The creditor shall disclose in the credit document the amount or method of computing the amount of a charge that is payable if a payment on the credit transaction is late.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 347.053 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter B. Credit Document|Section 347.053. Provisions Prohibited in Credit Document

Sec. 347.053.  PROVISIONS PROHIBITED IN CREDIT DOCUMENT.  A credit document may not:(1)  contain a power of attorney to confess judgment in this state;(2)  contain an assignment of wages;(3)  provide that the consumer agrees not to assert against a creditor or an assignee of the credit transaction a claim or defense arising out of the sale;  or(4)  authorize the creditor or a person acting on the creditor's behalf to:(A)  enter the consumer's premises unlawfully;  or(B)  commit a breach of the peace in the repossession of a manufactured home.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 347.054 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter B. Credit Document|Section 347.054. Consumer's Acknowledgment of Delivery of Credit Document

Sec. 347.054.  CONSUMER'S ACKNOWLEDGMENT OF DELIVERY OF CREDIT DOCUMENT.  (a)  A consumer's acknowledgment of the delivery of a copy of the credit document is conclusive proof that:(1)  the document was delivered to the consumer;  and(2)  the document did not contain a blank space that was required by this chapter to have been filled when the document was signed by the consumer.(b)  In an action or proceeding by or against a subsequent creditor who does not have knowledge to the contrary, a consumer's acknowledgment of the delivery of a copy of the credit document is conclusive proof that the creditor complied with this section.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|Sec. 347.055.  CREDIT DOCUMENT AFTER AMENDMENT.  After a credit document is amended under Subchapter D, the document consists of:(1)  the original credit document;(2)  the writing required under Section 347.153 for that amendment;  and(3)  each amendment to the original credit document adopted before that amendment.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 347.056 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter B. Credit Document|Section 347.056. Authority of Consumer Credit Commissioner Relating to a Credit Document

Sec. 347.056.  AUTHORITY OF CONSUMER CREDIT COMMISSIONER RELATING TO A CREDIT DOCUMENT.  Except as provided by Section 347.004(a), the commissioner may not require the inclusion of any specific language or a disclosure on a credit document that is not expressly required by:(1)  this chapter; or(2)  a regulation of the Office of the Comptroller of the Currency.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 74, eff. September 1, 2017.|
TX Fin Code § 347.101 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter C. Finance Charge Rates and Adjustments|Section 347.101. Adjustable Rate

Sec. 347.101.  ADJUSTABLE RATE.  A credit transaction may provide for an adjustable interest rate or time price differential in accordance with this subchapter.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 347.102 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter C. Finance Charge Rates and Adjustments|Section 347.102. Requirements for Rate Adjustments

Sec. 347.102.  REQUIREMENTS FOR RATE ADJUSTMENTS.  (a)  The interest rate or time price differential in a credit transaction may be adjusted at stated regular intervals if the credit document expressly:(1)  provides for the adjustment;  and(2)  states the index described by Subsection (b) that is being used for the adjustment.(b)  The index must be:(1)  the monthly average gross yield to the Federal National Mortgage Association on accepted bids in weekly or biweekly auctions for four-month commitments to purchase FHA-insured or VA-guaranteed home mortgages, as published in the Federal Reserve Bulletin;(2)  the monthly average yield on United States Treasury securities adjusted to a constant maturity of five years as published in the Federal Reserve Bulletin;  or(3)  an index expressly approved by the Office of Thrift Supervision or by the Office of the Comptroller of the Currency, Department of the Treasury, for adjustable or variable interest rates on residential mortgage loans.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 347.103 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter C. Finance Charge Rates and Adjustments|Section 347.103. Rate Adjustment Index Base

Sec. 347.103.  RATE ADJUSTMENT INDEX BASE.  The index base for an adjustment of the interest rate or time price differential is set by the index value on the first day of the month in which the credit document is dated.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 347.104 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 347 - Manufactured Home Credit Transactions|Subchapter C. Finance Charge Rates and Adjustments|Section 347.104. Amount of Rate Adjustment

Sec. 347.104.  AMOUNT OF RATE ADJUSTMENT.  (a)  The amount of a rate adjustment is computed by subtracting the index base or, for a change after the initial change, the index value used for the preceding rate adjustment from the index value on the first day of a month that precedes the 50th day before the date on which the adjustment is to take effect.  The amount is applied to the rate applicable to the credit transaction.(b)  The rate in a credit transaction may be adjusted only if the adjustment results in a change of at least one-eighth of one percent a year.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|