CHAPTER 67. GALVESTON COUNTY PILOTS LICENSING AND REGULATORY ACT
TRANSPORTATION CODE
TITLE 4. NAVIGATION
SUBTITLE B. PILOTS
CHAPTER 67. GALVESTON COUNTY PILOTS LICENSING AND REGULATORY ACT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 67.001. SHORT TITLE. This chapter may be cited as the
Galveston County Pilots Licensing and Regulatory Act.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.002. DEFINITIONS. In this chapter:
(1) "Board" means the board of pilot commissioners for Galveston
County ports.
(2) "Consignee" means a person, including a master, owner,
agent, subagent, firm, or corporation or any combination of those
persons, who enters or clears a vessel at the office of the
collector of customs.
(3) "Galveston County port" means a place in Galveston County
into which a vessel enters or from which a vessel departs and the
waterway leading to that place from the Gulf of Mexico.
(4) "Pilot" means a person who is licensed as a branch pilot or
certified as a deputy branch pilot under this chapter.
(5) "Pilotage rate" means the remuneration a pilot may lawfully
charge a vessel for pilot services.
(6) "Pilot services" means acts of a pilot in conducting a
vessel through the navigable water in this state and the ports in
which the pilot is licensed or certified as a pilot.
(7) "Vessel" means an oceangoing vessel.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.003. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to a Galveston County port.
(b) This chapter does not affect the existing laws for ports in
other counties, and those laws do not apply to ports located in
Galveston County.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER B. BOARD OF PILOT COMMISSIONERS
Sec. 67.011. BOARD. The board of pilot commissioners for the
ports of Galveston County is composed of five commissioners from
Galveston County appointed by the governor with the advice and
consent of the senate.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.012. PROHIBITED INTEREST. A person may not be a member
of the board if the person has a conflict of interest or a direct
or indirect interest in any business affected by or connected
with the performance of the person's duties as a pilot
commissioner.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.013. OATH. Before beginning service as a board member,
each board member must take and sign before a person authorized
to administer oaths an oath to faithfully and impartially
discharge the duties of the office.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.014. TERM OF OFFICE. (a) Board members serve staggered
four-year terms of office.
(b) A member holds office until the member's successor is
appointed and qualified.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.015. JURISDICTION. The board has exclusive jurisdiction
over the piloting of vessels in Galveston County, including
intermediate stops and landing places for vessels on navigable
streams wholly or partially located in the board's jurisdiction.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.016. ADMINISTRATION; RULES. (a) The board shall
administer this chapter and may perform any act or function
necessary to carry out its powers and duties under this chapter.
(b) The board may adopt rules to carry out this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.017. DUTIES. The board shall:
(1) recommend to the governor the number of pilots necessary to
provide adequate pilot services for each Galveston County port;
(2) accept applications for pilot licenses and certificates and
determine whether each applicant meets the qualifications for a
pilot;
(3) provide names of all qualified applicants for certificates
to each pilot association office of Galveston County;
(4) submit to the governor the names of persons who have
qualified under this chapter to be appointed as branch pilots;
(5) establish pilotage rates;
(6) approve any changes of the locations for pilot stations;
(7) establish times during which pilot services will be
available;
(8) hear and determine complaints relating to the conduct of
pilots;
(9) make recommendations to the governor concerning any pilot
whose license or certificate should not be renewed or should be
revoked;
(10) adopt rules and issue orders to pilots and vessels when
necessary to secure efficient pilot services;
(11) institute investigations or hearings or both to consider
casualties, accidents, or other actions that violate this
chapter;
(12) provide penalties to be imposed on a person who is not a
pilot for a Galveston County port and who pilots a vessel into or
out of the port; and
(13) approve a training program for deputy branch pilots.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.018. PILOT REVIEW BOARD. The board shall establish a
pilot review board, consisting of two branch pilots and three
members of the marine industry who reside in Galveston County, to
hear and review complaints against pilots and to make
recommendations to the board concerning the complaints.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.019. UNFAIR DISCRIMINATION PROHIBITED. (a) In all its
duties, including rulemaking, the board may not sanction
discriminatory practices or discriminate against a pilot or pilot
applicant because of race, religion, sex, ethnic origin, or
national origin.
(b) A person seeking a remedy for a violation of this section
must bring suit in a district court in Galveston County.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.020. OPEN MEETINGS LAW. Chapter 551, Government Code,
applies to actions and proceedings under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.021. RULE OR RATE CHANGE. (a) The board shall give at
least 10 days' notice as provided by this section before the
board adopts a rule or changes a pilotage rate.
(b) The board shall mail the notice and a copy of the proposed
rule or change by registered mail to:
(1) each pilot association office for Galveston County; and
(2) all known consignees and all known associations of
consignees operating in Galveston County.
(c) The board shall post a copy of the proposed rule or change
at the county courthouse for public inspection.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.022. JUDICIAL REVIEW. Proceedings for judicial review
of a board decision shall be brought in a district court in
Galveston County.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER C. PILOT LICENSES AND CERTIFICATES
Sec. 67.031. LICENSE OR CERTIFICATE REQUIRED. A person may not
provide pilot services unless the person has a license or
certificate issued under this chapter for the Galveston County
ports in which the pilot services are to be provided.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.032. EXEMPTION. The requirement to use a pilot does not
apply to a vessel exempt under federal law from payment of state
pilotage rates.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.033. QUALIFICATIONS FOR LICENSE. To be eligible for a
license as a branch pilot, a person must:
(1) be at least 25 years of age;
(2) be a United States citizen;
(3) as of the date the license is issued, have resided
continuously in this state for at least two years;
(4) have at least two years' service as a deputy branch pilot
and successfully complete the board-approved training program;
(5) have controlled the navigation of vessels such as the person
would pilot;
(6) have extensive experience in the docking and undocking of
vessels;
(7) be in good mental and physical health;
(8) have good moral character; and
(9) possess the requisite skill as a navigator and pilot to
perform competently and safely the duties of a branch pilot.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.034. QUALIFICATIONS FOR CERTIFICATE. To be eligible for
a certificate as a deputy branch pilot, a person must:
(1) be at least 25 years of age;
(2) be a United States citizen;
(3) be appointed by a branch pilot;
(4) be in good mental and physical health;
(5) have good moral character; and
(6) possess the requisite skill as a navigator and pilot to
perform competently and safely the duties of a deputy branch
pilot.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.035. APPLICATION FOR LICENSE OR CERTIFICATE. To apply
for a branch pilot's license or a deputy branch pilot's
certificate, a person must give to the board a written
application in the form and manner required by board rule.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.036. CONSIDERATION OF APPLICATION. As part of its
consideration of applications for licenses and certificates, the
board may examine and decide on the qualifications of an
applicant for the position of branch pilot or deputy branch
pilot.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.037. BRANCH PILOT APPOINTMENT BY GOVERNOR. (a) On
filing of the bond and oath required by Section 67.039, the board
shall certify to the governor that a person licensed as a branch
pilot has qualified.
(b) On receipt of the board's certification, the governor shall
issue to the person, in the name of the state and under the state
seal, a commission to serve as a branch pilot to and from
Galveston County ports.
(c) The governor shall appoint the number of branch pilots
necessary to provide adequate pilot services for each Galveston
County port.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.038. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH PILOT.
(a) Each branch pilot, subject to examination and approval of
the board, may appoint two deputy branch pilots.
(b) A branch pilot may appoint an additional deputy branch pilot
if the board considers the appointment advisable.
(c) A branch pilot who appoints a deputy branch pilot without
the approval of the board forfeits the pilot's appointment as a
branch pilot.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.039. OATH; BOND. (a) A person appointed as a pilot
must take the official oath before entering service as a pilot.
The oath shall be endorsed on the bond required by Subsection
(b).
(b) Each pilot must execute a $25,000 bond payable to the
governor and conditioned on compliance with the laws, rules, and
orders relating to pilots and on the faithful performance of the
pilot's duties.
(c) Each bond must be approved by the board.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.040. TERMS OF LICENSES AND CERTIFICATES. (a) A branch
pilot's license expires on the fourth anniversary of the date it
is issued or renewed.
(b) A deputy branch pilot's certificate expires on the second
anniversary of the date it is issued and may not be renewed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.041. BRANCH PILOT'S LICENSE RENEWAL. (a) The governor
shall renew a branch pilot's expiring license if the board
recommends renewal.
(b) If a pilot applies in writing and qualifies, the board shall
recommend renewal unless the board determines there is probable
cause not to renew the license.
(c) Probable cause not to renew a license exists if the board
finds that the license holder:
(1) does not possess a qualification required by this chapter
for pilots; or
(2) has a disability that will affect the license holder's
ability to serve as a pilot.
(d) If the board determines that it has probable cause not to
renew a license, the board shall notify the license holder not
later than the 60th day before the date the license expires. On
request, the board shall provide a hearing after proper notice to
consider whether the board has cause not to recommend renewal of
the license.
(e) If the board finds at the conclusion of the hearing that the
board lacks probable cause for nonrenewal of the license, the
board shall recommend that the governor renew the license.
(f) The board shall issue a written order recommending that the
governor not renew a license and the governor may not renew the
license if:
(1) the pilot does not contest the board's decision not to renew
the license; or
(2) the board after a hearing finds that it has probable cause
not to renew the license.
(g) The denial of renewal of a pilot's license does not prohibit
the pilot from applying for a new license and being reappointed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.042. DEPUTY BRANCH PILOT. A person who has been issued
a deputy branch pilot's certificate may not be issued a deputy
branch pilot's certificate before the fifth anniversary of the
date the person was previously issued a deputy branch pilot's
certificate.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.043. SUSPENSION OR REVOCATION OF BRANCH PILOT'S LICENSE.
(a) On complaint or on its own motion, and after notice and
hearing, the board may suspend a branch pilot's license for not
more than six months or recommend that the governor revoke a
branch pilot's license if the board finds that the pilot has:
(1) failed to demonstrate and maintain the qualifications for a
license required by this chapter;
(2) used narcotics or other types of drugs, chemicals, or
controlled substances as defined by law that impair the pilot's
ability to perform the pilot's duties skillfully and efficiently;
(3) used alcohol to an extent that impairs the pilot's ability
to perform the pilot's duties skillfully and efficiently;
(4) violated a provision of this chapter or rules adopted by the
board under this chapter that were material to the performance of
the pilot's duties at the time of the violation;
(5) made a material misstatement in the application for a
license;
(6) obtained or attempted to obtain a license under this chapter
by fraud or misrepresentation;
(7) charged a pilotage rate other than that approved by the
board;
(8) intentionally refused to pilot a vessel when requested to do
so by the master or person responsible for navigation of the
vessel except when, in the judgment of the pilot, movement of the
vessel would have constituted a hazard to life or property or
when pilotage charges that are due and owing are unpaid by the
person ordering the pilot services;
(9) been absent from duty in violation of board rules and
without authorization;
(10) aided or abetted another pilot in failing to perform the
other pilot's duties; or
(11) been guilty of carelessness, neglect of duty, intentional
unavailability for normal performance of duties, refusal to
perform duties, misconduct, or incompetence while on duty.
(b) On determining that a license should be suspended or
revoked, the board shall adopt a written order that states its
findings and:
(1) suspends the license for a stated period; or
(2) recommends to the governor revocation of the license.
(c) The governor, on receipt of a board order recommending
revocation of a license, shall revoke the license. If the board's
order is appealed, the governor may not revoke the license until
the order is upheld on appeal.
(d) A suspension of a license on the recommendation of a pilot
review board takes effect on adoption of the board's order. A
revocation of a branch pilot's license takes effect on issuance
of the governor's decision.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.044. SUSPENSION OR REVOCATION OF DEPUTY BRANCH PILOT'S
CERTIFICATE. A deputy branch pilot certificate may be suspended
or revoked by the board in the same manner and for the same
reasons as provided for the suspension or revocation of a branch
pilot's license by Section 67.043.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.045. LIABILITY TO PILOT. (a) A person who is not a
pilot and who, in violation of this chapter, pilots a vessel and
the consignee of the vessel are liable to a pilot, on written
demand, for the amount of the applicable pilotage rate.
(b) In an action to recover compensation under Subsection (a),
the court may include in a judgment in favor of a pilot an award
of court costs and reasonable attorney's fees.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER D. PILOTAGE RATES
Sec. 67.061. PILOTAGE RATE CHANGE. The board may not change
pilotage rates before the first anniversary of the preceding rate
change.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.062. PILOTAGE RATE CHANGE APPLICATION. (a) An
application for a change in a pilotage rate may be filed with
each commissioner of the board by:
(1) one or more pilots; or
(2) the owner, agent, or consignee of a vessel navigating to or
from a Galveston County port.
(b) The application must contain:
(1) a brief statement of the circumstances that warrant the
change; and
(2) a certification that the applicant has submitted copies of
the application to all known pilots, consignees, and associations
of consignees operating in Galveston County at the time of the
application.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.063. OBJECTION; HEARING. (a) If, not later than the
20th day after the date notice is sent, a commissioner receives a
written objection to the application from any person who appears
to have a legitimate interest in the application, the board shall
hold a hearing as provided by this section.
(b) The board shall hold the hearing not later than the 20th day
after the date the 20-day period provided by Subsection (a)
expires.
(c) The board shall give notice of the hearing to:
(1) each applicant;
(2) each person objecting to the application; and
(3) any other person the board determines is interested in the
proceedings.
(d) The hearing shall be open to the public and held at a
convenient public place in one of the ports that would be
affected by the change. Each party who demonstrates a legitimate
interest in the application is entitled to be heard, to present
evidence, and, to the extent the board considers practical, to
cross-examine testifying witnesses.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.064. BOARD ACTION ON APPLICATION. (a) If an objection
to an application for a rate change is not received by any
commissioner within the period provided by Section 67.063(a), the
board shall act on the application without further proceedings.
(b) If a hearing is held as provided by Section 67.063, the
board shall grant, deny, or modify the application after receipt
of the evidence offered by the parties and arguments and briefs
requested by the board.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.065. PILOT FINANCIAL REPORT. (a) Not later than the
10th day before the date set for a pilotage rate hearing, the
pilots who are licensed or certified to serve the port for which
the rates are being considered shall submit in writing to the
board and to any party designated by the board complete accounts
of:
(1) all amounts received from performing pilot services,
organized by categories or classifications of rates, if rates are
set in that manner;
(2) all earnings from capital assets devoted to providing pilot
services;
(3) all expenses incurred in connection with activities for
which amounts described by Subdivisions (1) and (2) were received
and earned; and
(4) estimates of receipts and expenses anticipated to result
from the requested changes in pilotage rates.
(b) The pilots shall provide the information for:
(1) the calendar or fiscal year preceding the date of the
pilotage rate change application; and
(2) the subsequent period to within 60 days of the date of the
application.
(c) The board may require relevant additional information it
considers necessary to determine a proper pilotage rate.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.066. FACTORS FOR BOARD CONSIDERATION. In acting on a
pilotage rate change application, the board shall consider:
(1) characteristics of vessels to be piloted;
(2) the average number of hours spent by a pilot in performing
pilot services;
(3) costs to pilots to provide the required pilot services;
(4) the effect, including economic factors affecting the
shipping industry in the area, that the granting, refusal, or
modification of the application would have on Galveston County
ports and the persons residing in the board's jurisdiction;
(5) an adequate and reasonable compensation for the pilots and a
fair return on the equipment and vessels that the pilots employ
in connection with pilot duties; and
(6) the relationship between the pilotage rates in Galveston
County ports and the rates applicable in other ports of this
state and in competitive ports in other states.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.067. BOARD ACTION. (a) A board order granting,
denying, or modifying an application for a rate change must state
its effective date. The order is final, except as provided by
Subsection (b).
(b) Any party aggrieved by the board's order may, after
exhausting all administrative remedies, appeal the order to a
court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.068. REPORTING AND STENOGRAPHIC COSTS. (a) The board
may assess the actual costs the board considers fair and just for
reporting and stenographic services necessarily incurred in
connection with a hearing against one or more of the applicants
and objecting parties.
(b) The board may require that an applicant or objecting party
deposit an amount against those costs as a condition of
presenting an application or objection.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.069. ORDER FILED. (a) The board shall file a copy of
its order with the county clerk.
(b) The board shall file the order not later than the 20th day
after:
(1) the closing date of a hearing held as provided by Section
67.063(b); or
(2) if the hearing is not held, the expiration of the period
provided by Section 67.063(a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.070. EMERGENCY PILOTAGE RATES. (a) The board may
establish emergency pilotage rates for the period of an
emergency, not to exceed 30 days, if the board finds that:
(1) a natural or man-made disaster has created a substantial
hazard to piloting vessels into and out of a port; and
(2) the existence of the hazard overrides the necessity to
comply with normal pilotage rate-setting procedures.
(b) In adopting emergency pilotage rates, the board is not
required to comply with the procedures in this chapter or in its
rules relating to adoption of pilotage rates.
(c) Emergency pilotage rates may not be appealed.
(d) The board shall adopt rules to carry out this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.071. PILOT SERVICES REQUIRED. The consignee of a vessel
under the consignee's control shall obtain pilot services for the
vessel and shall pay the pilot who pilots the vessel into and out
of the port area compensation according to the pilotage rates
filed by the board.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.072. PILOTAGE RATE LIABILITY. (a) A pilot who charges
a pilotage rate for pilot services different from the pilotage
rates established under this chapter for the port in which the
pilot serves is liable to each person who was charged the
different rate for double the amount of pilotage.
(b) A court may include in a judgment in favor of a person who
files suit to collect an amount owed under this chapter an award
to cover court costs and reasonable attorney's fees.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.073. RECOVERY OF COMPENSATION. A pilot who offers pilot
services to a vessel required under this chapter to obtain pilot
services and whose services are refused is entitled to recover
from the consignee the pilotage rate for the service.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER E. PILOT LIABILITY
Sec. 67.081. PURPOSE. The purpose of this subchapter is to:
(1) in the public interest, stimulate and preserve maritime
commerce on the pilotage grounds of this state by limiting and
regulating the liability of pilots; and
(2) maintain pilotage fees at reasonable amounts.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.082. PILOT LIABILITY. A pilot is not liable directly or
as a member of an organization of pilots for a claim that:
(1) arises from an act or omission of another pilot or
organization of pilots; and
(2) relates directly or indirectly to pilot services.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 67.083. PILOT LIABILITY LIMITED. (a) A pilot providing
pilot services is not liable for more than $1,000 for damage or
loss caused by the pilot's error, omission, fault, or neglect in
the performance of the pilot services, except as provided by
Subsection (b).
(b) Subsection (a) does not apply to:
(1) damage or loss that arises because of the wilful misconduct
or gross negligence of the pilot;
(2) liability for exemplary damages for gross negligence of the
pilot and for which no other person is jointly or severally
liable; or
(3) an act or omission relating to the ownership and operation
of a pilot boat unless the pilot boat is directly involved in
pilot services other than the transportation of pilots.
(c) This section does not exempt a vessel or its owner or
operator from liability for damage or loss caused by the vessel
to a person or property on the grounds that:
(1) the vessel was piloted by a pilot; or
(2) the damage or loss was caused by the error, omission, fault,
or neglect of a pilot.
(d) In an action brought against a pilot for an act or omission
for which liability is limited as provided by this section and in
which other claims are made or anticipated with respect to the
same act or omission, the court shall dismiss the proceedings as
to the pilot to the extent the pleadings allege pilot liability
that exceeds $1,000.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.