reglab/housing_qa huggingface dataset:
TX Civ Prac & Rem Code § 61.022 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter B. Issuance|Section 61.022. Affidavit

Sec. 61.022.  AFFIDAVIT.  (a)  Except as provided by Subsection (a-1), to apply for a writ of attachment, a plaintiff or the plaintiff's agent or attorney must file with the court an affidavit that states:(1)  general grounds for issuance under Sections 61.001(1), (2), and (3);(2)  the amount of the demand; and(3)  specific grounds for issuance under Section 61.002.(a-1)  To apply for a writ of attachment under Section 61.0021, a plaintiff or the plaintiff's agent or attorney must file with the court an affidavit that states:(1)  general grounds for issuance under Sections 61.001(2) and (3);(2)  specific grounds for issuance under Section 61.0021(a); and(3)  the amount of the demand based on the estimated cost of counseling and medical needs of the plaintiff.(b)  The affidavit shall be filed with the papers of the case.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Amended by: Acts 2009, 81st Leg., R.S., Ch. 946 (H.B. 3246), Sec. 2, eff. September 1, 2009.|
TX Civ Prac & Rem Code § 61.023 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter B. Issuance|Section 61.023. Bond

Sec. 61.023.  BOND.  (a)  Before a writ of attachment may be issued, the plaintiff must execute a bond that:(1)  has two or more good and sufficient sureties;(2)  is payable to the defendant;(3)  is in an amount fixed by the judge or justice issuing the writ;  and(4)  is conditioned on the plaintiff prosecuting his suit to effect and paying all damages and costs adjudged against him for wrongful attachment.(b)  The plaintiff shall deliver the bond to the officer issuing the writ for that officer's approval.  The bond shall be filed with the papers of the case.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 61.041 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter C. Levy|Section 61.041. Subject Property

Sec. 61.041.  SUBJECT PROPERTY.  A writ of attachment may be levied only on property that by law is subject to levy under a writ of execution.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 61.042 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter C. Levy|Section 61.042. Attachment of Personalty

Sec. 61.042.  ATTACHMENT OF PERSONALTY.  The officer attaching personal property shall retain possession until final judgment unless the property is:(1)  replevied;(2)  sold as provided by law;  or(3)  claimed by a third party who posts bond and tries his right to the property.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 61.043 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter C. Levy|Section 61.043. Attachment of Realty

Sec. 61.043.  ATTACHMENT OF REALTY.  (a)  To attach real property, the officer levying the writ shall immediately file a copy of the writ and the applicable part of the return with the county clerk of each county in which the property is located.(b)  If the writ of attachment is quashed or vacated, the court that issued the writ shall send a certified copy of the order to the county clerk of each county in which the property is located.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 61.044 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter C. Levy|Section 61.044. Claim on Attached Personalty by Third Party

Sec. 61.044.  CLAIM ON ATTACHED PERSONALTY BY THIRD PARTY.  A person other than the defendant may claim attached personal property by making an affidavit and giving bond in the manner provided by law for trial of right of property.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 61.045 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter C. Levy|Section 61.045. Attachment of Personalty Held by Financial Institution

Sec. 61.045.  ATTACHMENT OF PERSONALTY HELD BY FINANCIAL INSTITUTION.  Service of a writ of attachment on a financial institution relating to personal property held by the financial institution in the name of or on behalf of a customer of the financial institution is governed by Section 59.008, Finance Code.|Added by Acts 1999, 76th Leg., ch. 344, Sec. 7.003, eff. Sept. 1, 1999.|
TX Civ Prac & Rem Code § 61.061 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter D. Lien|Section 61.061. Attachment Lien

Sec. 61.061.  ATTACHMENT LIEN.  Unless quashed or vacated, an executed writ of attachment creates a lien from the date of levy on the real property attached, on the personal property held by the attaching officer, and on the proceeds of any attached personal property that may have been sold.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 61.062 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter D. Lien|Section 61.062. Judgment and Foreclosure

Sec. 61.062.  JUDGMENT AND FORECLOSURE.  (a)  If the plaintiff recovers in the suit, the attachment lien is foreclosed as in the case of other liens.  The court shall direct proceeds from personal property previously sold to be applied to the satisfaction of the judgment and the sale of personal property remaining in the hands of the officer and of the real property levied on to satisfy the judgment.(b)  If the writ of attachment on real property was issued from a county or justice court, the court is not required to enter an order or decree foreclosing the lien, but to preserve the lien the judgment must briefly recite the issuance and levy of the writ.  The land may be sold under execution after judgment, and the sale vests in the purchaser all of the estate of the defendant in the land at the time of the levy.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 61.063 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter D. Lien|Section 61.063. Judgment on Replevied Property

Sec. 61.063.  JUDGMENT ON REPLEVIED PROPERTY.  A judgment against a defendant who has replevied attached personal property shall be against the defendant and his sureties on the replevy bond for the amount of the judgment plus interest and costs or for an amount equal to the value of the replevied property plus interest, according to the terms of the replevy bond.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 61.081 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter E. Works of Fine Art|Section 61.081. Exemption When en Route to or in an Exhibition

Sec. 61.081.  EXEMPTION WHEN EN ROUTE TO OR IN AN EXHIBITION.  (a)  Subject to the limitations of this section, a court may not issue and a person may not serve any process of attachment, execution, sequestration, replevin, or distress or of any kind of seizure, levy, or sale on a work of fine art while it is:(1)  en route to an exhibition;  or(2)  in the possession of the exhibitor or on display as part of the exhibition.(b)  The restriction on the issuance and service of process in Subsection (a) applies only for a period that:(1)  begins on the date that the work of fine art is en route to an exhibition;  and(2)  ends on the earlier of the following dates:(A)  six months after the date that the work of fine art is en route to the exhibition;  or(B)  the date that the exhibition ends.(c)  Subsection (a) does not apply to a work of fine art if, at any other time, issuance and service of process in relation to the work has been restricted as provided by Subsection (a).(d)  Subsection (a) does not apply if theft of the work of art from its owner is alleged and found proven by the court.(e)  A court shall, in issuing service of process described by Subsection (a), require that the person serving the process give notice to the exhibitor not less than seven days before the date the period under Subsection (b) ends of the person's intent to serve process.(f)  In this section, "exhibition" means an exhibition:(1)  held under the auspices or supervision of:(A)  an organization exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, as amended, by being listed as an exempt organization in Section 501(c)(3) of the code;  or(B)  a public or private institution of higher education;(2)  held for a cultural, educational, or charitable purpose;  and(3)  not held for the profit of the exhibitor.|Added by Acts 1999, 76th Leg., ch. 1043, Sec. 1, eff. Aug. 30, 1999.|
TX Civ Prac & Rem Code § 61.082 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter E. Works of Fine Art|Section 61.082. Handling and Transportation

Sec. 61.082.  HANDLING AND TRANSPORTATION.  A court may not issue any process of attachment, execution, sequestration, replevin, or distress or of any kind of seizure, levy, or sale on a work of fine art unless the court requires, as part of the order authorizing the process, that the work of fine art is handled and transported in a manner that complies with the accepted standards of the artistic community for works of fine art, including, if appropriate, measures relating to the maintenance of proper environmental conditions, proper maintenance, security, and insurance coverage.|Added by Acts 1999, 76th Leg., ch. 1043, Sec. 1, eff. Aug. 30, 1999.|
TX Civ Prac & Rem Code § 62.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 62 - Sequestration|Subchapter A. Availability of Remedy|Section 62.001. Grounds

Sec. 62.001.  GROUNDS.  A writ of sequestration is available to a plaintiff in a suit if:(1)  the suit is for title or possession of personal property or fixtures or for foreclosure or enforcement of a mortgage, lien, or security interest on personal property or fixtures and a reasonable conclusion may be drawn that there is immediate danger that the defendant or the party in possession of the property will conceal, dispose of, ill-treat, waste, or destroy the property or remove it from the county during the suit;(2)  the suit is for title or possession of real property or for foreclosure or enforcement of a mortgage or lien on real property and a reasonable conclusion may be drawn that there is immediate danger that the defendant or the party in possession of the property will use his possession to injure or ill-treat the property or waste or convert to his own use the timber, rents, fruits, or revenue of the property;(3)  the suit is for the title or possession of property from which the plaintiff has been ejected by force or violence;  or(4)  the suit is to try the title to real property, to remove a cloud from the title of real property, to foreclose a lien on real property, or to partition real property and the plaintiff makes an oath that one or more of the defendants is a nonresident of this state.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 62.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 62 - Sequestration|Subchapter A. Availability of Remedy|Section 62.002. Pending Suit Required

Sec. 62.002.  PENDING SUIT REQUIRED.  A writ of sequestration may be issued at the initiation of a suit or at any time before final judgment.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 62.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 62 - Sequestration|Subchapter A. Availability of Remedy|Section 62.003. Available for Claim Not Due

Sec. 62.003.  AVAILABLE FOR CLAIM NOT DUE.  A writ of sequestration may be issued for personal property under a mortgage or a lien even though the right of action on the mortgage or lien has not accrued.  The proceedings relating to the writ shall be as in other cases, except that final judgment may not be rendered against the defendant until the right of action has accrued.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 62.021 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 62 - Sequestration|Subchapter B. Issuance|Section 62.021. Who May Issue

Sec. 62.021.  WHO MAY ISSUE.  A district or county court judge or a justice of the peace may issue writs of sequestration returnable to his court.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 62.022 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 62 - Sequestration|Subchapter B. Issuance|Section 62.022. Application

Sec. 62.022.  APPLICATION.  The application for a writ of sequestration must be made under oath and must set forth:(1)  the specific facts stating the nature of the plaintiff's claim;(2)  the amount in controversy, if any;  and(3)  the facts justifying issuance of the writ.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 62.023 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 62 - Sequestration|Subchapter B. Issuance|Section 62.023. Required Statement of Rights

Sec. 62.023.  REQUIRED STATEMENT OF RIGHTS.  (a)  A writ of sequestration must prominently display the following statement on the face of the writ:YOU HAVE A RIGHT TO REGAIN POSSESSION OF THE PROPERTY BY FILING A REPLEVY BOND.  YOU HAVE A RIGHT TO SEEK TO REGAIN POSSESSION OF THE PROPERTY BY FILING WITH THE COURT A MOTION TO DISSOLVE THIS WRIT.(b)  The statement must be printed in 10-point type and in a manner intended to advise a reasonably attentive person of its contents.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 62.041 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 62 - Sequestration|Subchapter C. Dissolution and Replevy|Section 62.041. Motion for Dissolution; Stay

Sec. 62.041.  MOTION FOR DISSOLUTION;  STAY.  (a)  The defendant may seek dissolution of an issued writ of sequestration by filing a written motion with the court.(b)  The right to seek dissolution is cumulative of the right of replevy.(c)  The filing of a motion to dissolve stays proceedings under the writ until the issue is determined.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 62.042 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 62 - Sequestration|Subchapter C. Dissolution and Replevy|Section 62.042. Hearing on Motion

Sec. 62.042.  HEARING ON MOTION.  Unless the parties agree to an extension, the court shall conduct a hearing on the motion and determine the issue not later than the 10th day after the motion is filed.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 62.043 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 62 - Sequestration|Subchapter C. Dissolution and Replevy|Section 62.043. Dissolution

Sec. 62.043.  DISSOLUTION.  (a)  Following the hearing, the writ must be dissolved unless the party who secured its issuance proves the specific facts alleged and the grounds relied on for issuance.(b)  If the writ is dissolved, the action proceeds as if the writ had not been issued.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 62.044 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 62 - Sequestration|Subchapter C. Dissolution and Replevy|Section 62.044. Compulsory Counterclaim for Wrongful Sequestration

Sec. 62.044.  COMPULSORY COUNTERCLAIM FOR WRONGFUL SEQUESTRATION.  (a)  If a writ is dissolved, any action for damages for wrongful sequestration must be brought as a compulsory counterclaim.(b)  In addition to damages, the party who sought dissolution of the writ may recover reasonable attorney's fees incurred in dissolution of the writ.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 62.045 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 62 - Sequestration|Subchapter C. Dissolution and Replevy|Section 62.045. Wrongful Sequestration of Consumer Goods

Sec. 62.045.  WRONGFUL SEQUESTRATION OF CONSUMER GOODS.  (a)  If a writ that sought to sequester consumer goods is dissolved, the defendant or party in possession of the goods is entitled to reasonable attorney's fees and to damages equal to the greater of:(1)  $100;(2)  the finance charge contracted for;  or(3)  actual damages.(b)  Damages may not be awarded for the failure of the plaintiff to prove by a preponderance of the evidence the specific facts alleged if the failure is the result of a bona fide error.  For a bona fide error to be available as a defense, the plaintiff must prove the use of reasonable procedures to avoid the error.(c)  In this section, "consumer goods" has the meaning assigned by the Business & Commerce Code.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.11, eff. Sept. 1, 1987.|
TX Civ Prac & Rem Code § 62.046 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 62 - Sequestration|Subchapter C. Dissolution and Replevy|Section 62.046. Liability for Fruit of Replevied Property

Sec. 62.046.  LIABILITY FOR FRUIT OF REPLEVIED PROPERTY.  (a)  In a suit for enforcement of a mortgage or lien on property, a defendant who replevies the property is not required to account for the fruits, hire, revenue, or rent of the property.(b)  This section does not apply to a plaintiff who replevies the property.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 62.061 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 62 - Sequestration|Subchapter D. Care and Management of Sequestered Property|Section 62.061. Officer's Liability and Duty of Care

Sec. 62.061.  OFFICER'S LIABILITY AND DUTY OF CARE.  (a)  An officer who executes a writ of sequestration shall care for and manage in a prudent manner the sequestered property he retains in custody.(b)  If the officer entrusts sequestered property to another person, the officer is responsible for the acts of that person relating to the property.(c)  The officer is liable for injuries to the sequestered property resulting from his neglect or mismanagement or from the neglect or mismanagement of a person to whom he entrusts the property.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 62.062 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 62 - Sequestration|Subchapter D. Care and Management of Sequestered Property|Section 62.062. Compensation of Officer

Sec. 62.062.  COMPENSATION OF OFFICER.  (a)  An officer who retains custody of sequestered property is entitled to just compensation and reasonable charges to be determined by the court that issued the writ.(b)  The officer's compensation and charges shall be taxed and collected as a cost of suit.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 62.063 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 62 - Sequestration|Subchapter D. Care and Management of Sequestered Property|Section 62.063. Indemnification of Officer for Money Spent

Sec. 62.063.  INDEMNIFICATION OF OFFICER FOR MONEY SPENT.  If an officer is required to expend money in the security, management, or care of sequestered property, he may retain possession of the property until the money is repaid by the party seeking to replevy the property or by that party's agent or attorney.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 64.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 64 - Receivership|Subchapter A. General Provisions|Section 64.001. Availability of Remedy

Sec. 64.001.  AVAILABILITY OF REMEDY.  (a)  A court of competent jurisdiction may appoint a receiver:(1)  in an action by a vendor to vacate a fraudulent purchase of property;(2)  in an action by a creditor to subject any property or fund to his claim;(3)  in an action between partners or others jointly owning or interested in any property or fund;(4)  in an action by a mortgagee for the foreclosure of the mortgage and sale of the mortgaged property;(5)  for a corporation that is insolvent, is in imminent danger of insolvency, has been dissolved, or has forfeited its corporate rights;  or(6)  in any other case in which a receiver may be appointed under the rules of equity.(b)  Under Subsection (a)(1), (2), or (3), the receiver may be appointed on the application of the plaintiff in the action or another party.  The party must have a probable interest in or right to the property or fund, and the property or fund must be in danger of being lost, removed, or materially injured.(c)  Under Subsection (a)(4), the court may appoint a receiver only if:(1)  it appears that the mortgaged property is in danger of being lost, removed, or materially injured;  or(2)  the condition of the mortgage has not been performed and the property is probably insufficient to discharge the mortgage debt.(d)  A court having family law jurisdiction or a probate court located in the county in which a missing person, as defined by Article 63.001, Code of Criminal Procedure, resides or, if the missing person is not a resident of this state, located in the county in which the majority of the property of a missing person's estate is located may, on the court's own motion or on the application of an interested party, appoint a receiver for the missing person if:(1)  it appears that the estate of the missing person is in danger of injury, loss, or waste;  and(2)  the estate of the missing person is in need of a representative.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1376, Sec. 4, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1081, Sec. 1, 3, eff. Sept. 1, 1999.|
TX Civ Prac & Rem Code § 64.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 64 - Receivership|Subchapter A. General Provisions|Section 64.002. Persons Not Entitled to Appointment

Sec. 64.002.  PERSONS NOT ENTITLED TO APPOINTMENT.  (a)  A court may not appoint a receiver for a corporation, partnership, or individual on the petition of the same corporation, partnership, or individual.(b)  A court may appoint a receiver for a corporation on the petition of one or more stockholders of the corporation.(c)  This section does not prohibit:(1)  appointment of a receiver for a partnership in an action arising between partners;  or(2)  appointment of a receiver over all or part of the marital estate in a suit filed under Title 1 or 5, Family Code.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.12(a), eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 165, Sec. 7.06, eff. Sept. 1, 1997.|