CHAPTER 85. ISSUANCE OF PROTECTIVE ORDER
FAMILY CODE
TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE
SUBTITLE B. PROTECTIVE ORDERS
CHAPTER 85. ISSUANCE OF PROTECTIVE ORDER
SUBCHAPTER A. FINDINGS AND ORDERS
Sec. 85.001. REQUIRED FINDINGS AND ORDERS. (a) At the close of
a hearing on an application for a protective order, the court
shall find whether:
(1) family violence has occurred; and
(2) family violence is likely to occur in the future.
(b) If the court finds that family violence has occurred and
that family violence is likely to occur in the future, the court:
(1) shall render a protective order as provided by Section
85.022 applying only to a person found to have committed family
violence; and
(2) may render a protective order as provided by Section 85.021
applying to both parties that is in the best interest of the
person protected by the order or member of the family or
household of the person protected by the order.
(c) A protective order that requires the first applicant to do
or refrain from doing an act under Section 85.022 shall include a
finding that the first applicant has committed family violence
and is likely to commit family violence in the future.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by Acts 2001, 77th Leg., ch. 91, Sec. 6, eff. Sept. 1,
2001.
Sec. 85.002. EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE
ORDER. If the court finds that a respondent violated a
protective order by committing an act prohibited by the order as
provided by Section 85.022, that the order was in effect at the
time of the violation, and that the order has expired after the
date that the violation occurred, the court, without the
necessity of making the findings described by Section 85.001(a),
shall render a protective order as provided by Section 85.022
applying only to the respondent and may render a protective order
as provided by Section 85.021.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 13, eff. Sept. 1,
1997.
Sec. 85.003. SEPARATE PROTECTIVE ORDERS REQUIRED. (a) A court
that renders separate protective orders that apply to both
parties and require both parties to do or refrain from doing acts
under Section 85.022 shall render two distinct and separate
protective orders in two separate documents that reflect the
appropriate conditions for each party.
(b) A court that renders protective orders that apply to both
parties and require both parties to do or refrain from doing acts
under Section 85.022 shall render the protective orders in two
separate documents. The court shall provide one of the documents
to the applicant and the other document to the respondent.
(c) A court may not render one protective order under Section
85.022 that applies to both parties.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec. 85.004. PROTECTIVE ORDER IN SUIT FOR DISSOLUTION OF
MARRIAGE. A protective order in a suit for dissolution of a
marriage must be in a separate document entitled "PROTECTIVE
ORDER."
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec. 85.005. AGREED ORDER. (a) To facilitate settlement, the
parties to a proceeding may agree in writing to the terms of a
protective order as provided by Section 85.021. An agreement
under this subsection is subject to the approval of the court.
(b) To facilitate settlement, a respondent may agree in writing
to the terms of a protective order as provided by Section 85.022,
subject to the approval of the court. The court may not approve
an agreement that requires the applicant to do or refrain from
doing an act under Section 85.022. The agreed order is
enforceable civilly or criminally.
(c) If the court approves an agreement between the parties, the
court shall render an agreed protective order that is in the best
interest of the applicant, the family or household, or a member
of the family or household.
(d) An agreed protective order is not enforceable as a contract.
(e) An agreed protective order expires on the date the court
order expires.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
541, Sec. 1, eff. June 17, 2005.
Sec. 85.006. DEFAULT ORDER. (a) A court may render a
protective order that is binding on a respondent who does not
attend a hearing if the respondent received service of the
application and notice of the hearing.
(b) If the court reschedules the hearing under Chapter 84, a
protective order may be rendered if the respondent does not
attend the rescheduled hearing.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec. 85.007. CONFIDENTIALITY OF CERTAIN INFORMATION. (a) On
request by a person protected by an order or member of the family
or household of a person protected by an order, the court may
exclude from a protective order the address and telephone number
of:
(1) a person protected by the order, in which case the order
shall state the county in which the person resides;
(2) the place of employment or business of a person protected by
the order; or
(3) the child-care facility or school a child protected by the
order attends or in which the child resides.
(b) On granting a request for confidentiality under this
section, the court shall order the clerk to:
(1) strike the information described by Subsection (a) from the
public records of the court; and
(2) maintain a confidential record of the information for use
only by the court.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by Acts 2001, 77th Leg., ch. 91, Sec. 7, eff. Sept. 1,
2001.
Sec. 85.009. ORDER VALID UNTIL SUPERSEDED. A protective order
rendered under this chapter is valid and enforceable pending
further action by the court that rendered the order until the
order is properly superseded by another court with jurisdiction
over the order.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
SUBCHAPTER B. CONTENTS OF PROTECTIVE ORDER
Sec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY. In a
protective order, the court may:
(1) prohibit a party from:
(A) removing a child who is a member of the family or household
from:
(i) the possession of a person named in the order; or
(ii) the jurisdiction of the court; or
(B) transferring, encumbering, or otherwise disposing of
property, other than in the ordinary course of business, that is
mutually owned or leased by the parties;
(2) grant exclusive possession of a residence to a party and, if
appropriate, direct one or more parties to vacate the residence
if the residence:
(A) is jointly owned or leased by the party receiving exclusive
possession and a party being denied possession;
(B) is owned or leased by the party retaining possession; or
(C) is owned or leased by the party being denied possession and
that party has an obligation to support the party or a child of
the party granted possession of the residence;
(3) provide for the possession of and access to a child of a
party if the person receiving possession of or access to the
child is a parent of the child;
(4) require the payment of support for a party or for a child of
a party if the person required to make the payment has an
obligation to support the other party or the child; or
(5) award to a party the use and possession of specified
property that is community property or jointly owned or leased
property.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec. 85.022. REQUIREMENTS OF ORDER APPLYING TO PERSON WHO
COMMITTED FAMILY VIOLENCE. (a) In a protective order, the court
may order the person found to have committed family violence to
perform acts specified by the court that the court determines are
necessary or appropriate to prevent or reduce the likelihood of
family violence and may order that person to:
(1) complete a battering intervention and prevention program
accredited under Article 42.141, Code of Criminal Procedure;
(2) beginning on September 1, 2008, if the referral option under
Subdivision (1) is not available, complete a program or counsel
with a provider that has begun the accreditation process
described by Subsection (a-1); or
(3) if the referral option under Subdivision (1) or, beginning
on September 1, 2008, the referral option under Subdivision (2)
is not available, counsel with a social worker, family service
agency, physician, psychologist, licensed therapist, or licensed
professional counselor who has completed family violence
intervention training that the community justice assistance
division of the Texas Department of Criminal Justice has
approved, after consultation with the licensing authorities
described by Chapters 152, 501, 502, 503, and 505, Occupations
Code, and experts in the field of family violence.
(a-1) Beginning on September 1, 2009, a program or provider
serving as a referral option for the courts under Subsection
(a)(1) or (2) must be accredited under Section 4A, Article
42.141, Code of Criminal Procedure, as conforming to program
guidelines under that article.
(b) In a protective order, the court may prohibit the person
found to have committed family violence from:
(1) committing family violence;
(2) communicating:
(A) directly with a person protected by an order or a member of
the family or household of a person protected by an order, in a
threatening or harassing manner;
(B) a threat through any person to a person protected by an
order or a member of the family or household of a person
protected by an order; and
(C) if the court finds good cause, in any manner with a person
protected by an order or a member of the family or household of a
person protected by an order, except through the party's attorney
or a person appointed by the court;
(3) going to or near the residence or place of employment or
business of a person protected by an order or a member of the
family or household of a person protected by an order;
(4) going to or near the residence, child-care facility, or
school a child protected under the order normally attends or in
which the child normally resides;
(5) engaging in conduct directed specifically toward a person
who is a person protected by an order or a member of the family
or household of a person protected by an order, including
following the person, that is reasonably likely to harass, annoy,
alarm, abuse, torment, or embarrass the person; and
(6) possessing a firearm, unless the person is a peace officer,
as defined by Section 1.07, Penal Code, actively engaged in
employment as a sworn, full-time paid employee of a state agency
or political subdivision.
(c) In an order under Subsection (b)(3) or (4), the court shall
specifically describe each prohibited location and the minimum
distances from the location, if any, that the party must
maintain. This subsection does not apply to an order in which
Section 85.007 applies.
(d) In a protective order, the court shall suspend a license to
carry a concealed handgun issued under Subchapter H, Chapter 411,
Government Code, that is held by a person found to have committed
family violence.
(e) In this section, "firearm" has the meaning assigned by
Section 46.01, Penal Code.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 14, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1412, Sec. 3, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 91, Sec. 8, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 23, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
113, Sec. 4, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1146, Sec. 11.21, eff. September 1, 2009.
Sec. 85.023. EFFECT ON PROPERTY RIGHTS. A protective order or
an agreement approved by the court under this subtitle does not
affect the title to real property.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec. 85.024. ENFORCEMENT OF COUNSELING REQUIREMENT. (a) A
person found to have engaged in family violence who is ordered to
attend a program or counseling under Section 85.022(a)(1), (2),
or (3) shall file with the court an affidavit before the 60th day
after the date the order was rendered stating either that the
person has begun the program or counseling or that a program or
counseling is not available within a reasonable distance from the
person's residence. A person who files an affidavit that the
person has begun the program or counseling shall file with the
court before the date the protective order expires a statement
that the person completed the program or counseling not later
than the 30th day before the expiration date of the protective
order or the 30th day before the first anniversary of the date
the protective order was issued, whichever date is earlier. An
affidavit under this subsection must be accompanied by a letter,
notice, or certificate from the program or counselor that
verifies the person's completion of the program or counseling. A
person who fails to comply with this subsection may be punished
for contempt of court under Section 21.002, Government Code.
(b) A protective order under Section 85.022 must specifically
advise the person subject to the order of the requirement of this
section and the possible punishment if the person fails to comply
with the requirement.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 15, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
113, Sec. 5, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
770, Sec. 1, eff. September 1, 2007.
Sec. 85.025. DURATION OF PROTECTIVE ORDER. (a) Except as
provided by Subsection (b) or (c), an order under this subtitle
is effective:
(1) for the period stated in the order, not to exceed two years;
or
(2) if a period is not stated in the order, until the second
anniversary of the date the order was issued.
(b) A person who is the subject of a protective order may file a
motion not earlier than the first anniversary of the date on
which the order was rendered requesting that the court review the
protective order and determine whether there is a continuing need
for the order. After a hearing on the motion, if the court finds
there is a continuing need for the protective order, the
protective order remains in effect until the date the order
expires under this section. If the court finds there is no
continuing need for the protective order, the court shall order
that the protective order expires on a date set by the court.
(c) If a person who is the subject of a protective order is
confined or imprisoned on the date the protective order would
expire under Subsection (a), the period for which the order is
effective is extended, and the order expires on the first
anniversary of the date the person is released from confinement
or imprisonment.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by Acts 1999, 76th Leg., ch. 1160, Sec. 3, eff. Sept. 1,
1999.
Sec. 85.026. WARNING ON PROTECTIVE ORDER. (a) Each protective
order issued under this subtitle, including a temporary ex parte
order, must contain the following prominently displayed
statements in boldfaced type, capital letters, or underlined:
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF
COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR
AS LONG AS SIX MONTHS, OR BOTH."
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER,
MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION
OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID,
EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS
A COURT CHANGES THE ORDER."
"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN
EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY
OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO
POSSESS A FIREARM OR AMMUNITION."
(b) Each protective order issued under this subtitle, except for
a temporary ex parte order, must contain the following
prominently displayed statement in boldfaced type, capital
letters, or underlined:
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY
THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN
PRISON FOR AT LEAST TWO YEARS."
(c) Each protective order issued under this subtitle, including
a temporary ex parte order, must contain the following
prominently displayed statement in boldfaced type, capital
letters, or underlined:
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER,
MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION
OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID,
EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS
A COURT CHANGES THE ORDER."
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by Acts 1999, 76th Leg., ch. 178, Sec. 3, eff. Aug. 30,
1999; Acts 1999, 76th Leg., ch. 1160, Sec. 4, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 23, Sec. 5, eff. Sept. 1, 2001.
SUBCHAPTER C. DELIVERY OF PROTECTIVE ORDER
Sec. 85.041. DELIVERY TO RESPONDENT. (a) A protective order
rendered under this subtitle shall be:
(1) delivered to the respondent as provided by Rule 21a, Texas
Rules of Civil Procedure;
(2) served in the same manner as a writ of injunction; or
(3) served in open court at the close of the hearing as provided
by this section.
(b) The court shall serve an order in open court to a respondent
who is present at the hearing by giving to the respondent a copy
of the order, reduced to writing and signed by the judge or
master. A certified copy of the signed order shall be given to
the applicant at the time the order is given to the respondent.
If the applicant is not in court at the conclusion of the
hearing, the clerk of the court shall mail a certified copy of
the order to the applicant not later than the third business day
after the date the hearing is concluded.
(c) If the order has not been reduced to writing, the court
shall give notice orally to a respondent who is present at the
hearing of the part of the order that contains prohibitions under
Section 85.022 or any other part of the order that contains
provisions necessary to prevent further family violence. The
clerk of the court shall mail a copy of the order to the
respondent and a certified copy of the order to the applicant not
later than the third business day after the date the hearing is
concluded.
(d) If the respondent is not present at the hearing and the
order has been reduced to writing at the conclusion of the
hearing, the clerk of the court shall immediately provide a
certified copy of the order to the applicant and mail a copy of
the order to the respondent not later than the third business day
after the date the hearing is concluded.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec. 85.042. DELIVERY OF ORDER TO OTHER PERSONS. (a) The clerk
of the court issuing an original or modified protective order
under this subtitle shall send a copy of the order, along with
the information provided by the applicant or the applicant's
attorney that is required under Section 411.042(b)(6), Government
Code, to the chief of police of the municipality in which the
person protected by the order resides, if the person resides in a
municipality, or to the appropriate constable and the sheriff of
the county in which the person resides, if the person does not
reside in a municipality.
(b) If a protective order made under this chapter prohibits a
respondent from going to or near a child-care facility or school,
the clerk of the court shall send a copy of the order to the
child-care facility or school.
(c) The clerk of a court that vacates an original or modified
protective order under this subtitle shall notify the chief of
police or constable and sheriff who received a copy of the
original or modified order that the order is vacated.
(d) The applicant or the applicant's attorney shall provide to
the clerk of the court:
(1) the name and address of each law enforcement agency,
child-care facility, and school to which the clerk is required to
mail a copy of the order under this section; and
(2) any other information required under Section 411.042(b)(6),
Government Code.
(e) The clerk of the court issuing an original or modified
protective order under Section 85.022 that suspends a license to
carry a concealed handgun shall send a copy of the order to the
appropriate division of the Department of Public Safety at its
Austin headquarters. On receipt of the order suspending the
license, the department shall:
(1) record the suspension of the license in the records of the
department;
(2) report the suspension to local law enforcement agencies, as
appropriate; and
(3) demand surrender of the suspended license from the license
holder.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 614, Sec. 3, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1412, Sec. 4, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 91, Sec. 9, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 35, Sec. 1, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 91, Sec. 9, eff. Sept. 1, 2001.
SUBCHAPTER D. RELATIONSHIP BETWEEN PROTECTIVE ORDER AND SUIT FOR
DISSOLUTION OF MARRIAGE AND SUIT AFFECTING PARENT-CHILD
RELATIONSHIP
Sec. 85.061. DISMISSAL OF APPLICATION PROHIBITED; SUBSEQUENTLY
FILED SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING
PARENT-CHILD RELATIONSHIP. If an application for a protective
order is pending, a court may not dismiss the application or
delay a hearing on the application on the grounds that a suit for
dissolution of marriage or suit affecting the parent-child
relationship is filed after the date the application was filed.
Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1,
1997.
Sec. 85.062. APPLICATION FILED WHILE SUIT FOR DISSOLUTION OF
MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP PENDING.
(a) If a suit for dissolution of a marriage or suit affecting
the parent-child relationship is pending, a party to the suit may
apply for a protective order against another party to the suit by
filing an application:
(1) in the court in which the suit is pending; or
(2) in a court in the county in which the applicant resides if
the applicant resides outside the jurisdiction of the court in
which the suit is pending.
(b) An applicant subject to this section shall inform the clerk
of the court that renders a protective order that a suit for
dissolution of a marriage or a suit affecting the parent-child
relationship is pending in which the applicant is party.
(c) If a final protective order is rendered by a court other
than the court in which a suit for dissolution of a marriage or a
suit affecting the parent-child relationship is pending, the
clerk of the court that rendered the protective order shall:
(1) inform the clerk of the court in which the suit is pending
that a final protective order has been rendered; and
(2) forward a copy of the final protective order to the court in
which the suit is pending.
(d) A protective order rendered by a court in which an
application is filed under Subsection (a)(2) is subject to
transfer under Section 85.064.
Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1,
1997.
Sec. 85.063. APPLICATION FILED AFTER FINAL ORDER RENDERED IN
SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD
RELATIONSHIP. (a) If a final order has been rendered in a suit
for dissolution of marriage or suit affecting the parent-child
relationship, an application for a protective order by a party to
the suit against another party to the suit filed after the date
the final order was rendered, and that is:
(1) filed in the county in which the final order was rendered,
shall be filed in the court that rendered the final order; and
(2) filed in another county, shall be filed in a court having
jurisdiction to render a protective order under this subtitle.
(b) A protective order rendered by a court in which an
application is filed under Subsection (a)(2) is subject to
transfer under Section 85.064.
Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1,
1997.
Sec. 85.064. TRANSFER OF PROTECTIVE ORDER. (a) If a protective
order was rendered before the filing of a suit for dissolution of
marriage or suit affecting the parent-child relationship or while
the suit is pending as provided by Section 85.062, the court that
rendered the order may, on the motion of a party or on the
court's own motion, transfer the protective order to the court
having jurisdiction of the suit if the court makes the finding
prescribed by Subsection (c).
(b) If a protective order that affects a party's right to
possession of or access to a child is rendered after the date a
final order was rendered in a suit affecting the parent-child
relationship, on the motion of a party or on the court's own
motion, the court may transfer the protective order to the court
of continuing, exclusive jurisdiction if the court makes the
finding prescribed by Subsection (c).
(c) A court may transfer a protective order under this section
if the court finds that the transfer is:
(1) in the interest of justice; or
(2) for the safety or convenience of a party or a witness.
(d) The transfer of a protective order under this section shall
be conducted according to the procedures provided by Section
155.207.
(e) Except as provided by Section 81.002, the fees or costs
associated with the transfer of a protective order shall be paid
by the movant.
Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1,
1997.
Sec. 85.065. EFFECT OF TRANSFER. (a) A protective order
transferred under Section 85.064 has the same effect as if the
order remained in the court that rendered the order. The
protective order may be enforced by the court that receives the
order in the same manner as if the court originally rendered the
order.
(b) A protective order that is transferred is enforceable by
contempt or by any other means by which the court that rendered
the order could enforce the order. The court that receives the
protective order may punish a violation of the order regardless
of whether the violation occurred before or after the date of the
transfer.
(c) A protective order that is transferred is subject to
modification by the court that receives the order to the same
extent modification is permitted under Chapter 87 by a court that
rendered the order.
Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1,
1997.