CHAPTER 286. ROAD LAWS RELATING TO SPECIFIC COUNTIES

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TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE D. ROAD LAWS RELATING TO PARTICULAR COUNTIES

CHAPTER 286. ROAD LAWS RELATING TO SPECIFIC COUNTIES

SUBCHAPTER A. ROAD IMPROVEMENTS AND ASSESSMENTS BY GALVESTON OR

CAMERON COUNTY COMMISSIONERS COURT

Sec. 286.001. APPLICABILITY. This subchapter applies only to

Galveston County and Cameron County.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.002. ROAD IMPROVEMENT AND ASSESSMENT. (a) The

commissioners court of the county may improve a county road in

the county by:

(1) filling, grading, raising, paving, or repairing the road in

a permanent manner;

(2) constructing, repairing, or realigning a curb, gutter, or

sidewalk;

(3) constructing a drain or culvert; or

(4) installing a streetlight.

(b) The commissioners court by order may assess against property

abutting the portion of the county road to be improved and

against the owners of that property:

(1) all or part of the cost of:

(A) constructing, repairing, or realigning a curb, gutter, or

sidewalk; or

(B) installing a streetlight; and

(2) not more than nine-tenths of the cost of any other

improvement.

(1) determine the amount of the assessment and any other

necessary matter;

(2) provide the terms of payment and default of the assessment;

(3) prescribe the interest rate on the assessment, not to exceed

eight percent a year;

(4) make the assessment before, during, or after the

construction of the improvement;

(5) make an assessment against several parcels of property in

one assessment when the parcels are owned by the same person; and

(6) jointly assess property owned jointly.

(d) An assessment authorized by this section:

(1) does not mature before the county accepts the improvements

for which the assessment is made;

(2) is collectable with interest, cost of collection, and

reasonable attorney's fees, if incurred;

(3) is a personal liability and charge against the owner of the

assessed property, regardless of whether the owner is named; and

(4) is a first and prior lien on the assessed property and

superior to any other lien or claim on the property except

county, school district, or municipal ad valorem taxes from the

date the commissioners court orders the improvement of the road

abutting the property.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 847, Sec. 1, eff. June 14,

2001.

Sec. 286.003. ASSESSMENT LIMITED. (a) The commissioners court

may not make an assessment against abutting property or the

owners of the property in excess of the special benefit to the

property and its owner in enhanced value caused by an improvement

ordered under Section 286.002(a).

(b) A railroad right-of-way does not benefit from an improvement

described by Section 286.002(a), and the commissioners court may

not assess the cost of the improvement against a railroad

right-of-way.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.004. ASSESSMENT OF EXEMPT PROPERTY. (a) This

subchapter does not authorize the commissioners court to create a

lien against an interest in property that is exempt from the lien

of assessment at the time the commissioners court orders a county

road to be improved.

(b) An owner of the exempt property is personally liable for an

assessment related to the property, without regard to the

exemption from the lien.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.005. APPORTIONMENT OF COSTS. (a) The commissioners

court shall apportion the part of the cost of an improvement

assessed against abutting property among the parcels of the

abutting property and the property's owners in accordance with

the front foot rule.

(b) If, in the opinion of the commissioners court, application

of the front foot rule would result in injustice or inequity in a

particular case, the commissioners court may apportion and assess

the cost in the proportion the commissioners court determines

just and equitable to produce a substantial equality of benefits

received and burdens imposed.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.006. CHANGES IN IMPROVEMENT PROCEEDINGS; ABANDONMENT.

(a) The commissioners court may change a plan, method, or

contract relating to an improvement.

(b) The commissioners court may not make a change that

substantially affects the nature or quality of an improvement

unless the commissioners court, by a four-fifths vote, determines

that it is impractical to proceed with the improvement as

proposed and, after the vote, the commissioners court:

(1) obtains the consent of the person with whom the

commissioners court has contracted for the construction of the

improvements;

(2) obtains a new estimate of the cost of the improvement; and

(3) holds a new hearing, with notice as required by this

subchapter.

improvement with the consent of a person who has contracted with

the commissioners court for the construction of the improvement.

(d) The commissioners court by order shall cancel an assessment

made for an abandoned improvement.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.007. NOTICE AND OTHER PREHEARING REQUIREMENTS. (a) A

commissioners court may make an assessment under Section 286.002

only after notice and an opportunity for a hearing is provided in

accordance with this subchapter.

(b) Notice of the hearing must be published at least three times

in a newspaper of general circulation in the county in which the

assessment is to be made. The first publication of the notice

must appear not later than the 21st day before the date of the

hearing.

the address of the owner of the property that abuts the county

road to be improved, as determined from the current rendered and

unrendered county tax rolls. The notice must be mailed 14 days

before the date of the hearing.

(d) The mailed notice:

(1) is not required if the county tax rolls list the owners of

the property as unknown; and

(2) may be addressed to the estate if the tax rolls show the

owner of the property is an estate.

(e) To be sufficient and binding on a person who owns or claims

the property or an interest in the property, the mailed notice

must:

(1) generally describe the nature of the improvement for which

the assessment is to be made;

(2) describe the county road to be improved or the portion of

the county road to which the improvement is related;

(3) state the estimated cost per front foot proposed to be

assessed against the property or the property's owners;

(4) state the estimated total cost of the improvement; and

(5) state the time and place of the hearing.

(f) The mailed notice may consist of a copy of the published

notice if the notice contains the information required by

Subsection (e).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.008. HEARING. The commissioners court shall hold a

hearing at which a person who owns an interest in property that

abuts a county road that is to be improved under this subchapter

may be heard on any matter relating to the improvement or a

proposed assessment including:

(1) the amount of the assessment;

(2) the lien and liability created by the assessment;

(3) the special benefit to the property and the property owner

because of the improvement; and

(4) the accuracy, sufficiency, regularity, and validity of a

proceeding or contract related to the improvement or assessment.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.009. APPEAL. (a) Not later than the 15th day after

the date the commissioners court makes an assessment under

Section 286.002, a person who owns or claims an interest in the

assessed property may appeal the assessment in district court.

The person may contest:

(1) the amount of the assessment;

(2) an inaccuracy, irregularity, invalidity, or insufficiency in

a proceeding or contract related to the improvement or

assessment; or

(3) any other matter that is not in the discretion of the

commissioners court.

(b) A person who does not bring a suit within the time provided

by Subsection (a):

(1) waives the right to contest a matter that might have been

heard at the hearing; and

(2) is barred and estopped from contesting the assessment or any

matter related to the assessment.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.010. DEFENSES TO ACTIONS FOR ASSESSMENTS. The only

defenses to an assessment in a suit to enforce the assessment are

that:

(1) the assessment exceeds the amount of the estimated

assessment stated in the notice; or

(2) notice of the hearing:

(A) was not mailed, delivered, or published as required by

Section 286.007; or

(B) did not contain the information required by Section 286.007.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.011. WORD OR ACT OF OFFICER OR EMPLOYEE. Nothing said

or done by a county officer or employee or a member of the

commissioners court affects this subchapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.012. CERTIFICATE OF ASSESSMENT. (a) The commissioners

court may issue an assignable certificate that:

(1) is evidence of an assessment made under this subchapter; and

(2) declares:

(A) the lien against the property assessed; or

(B) the liability of the true owner of the property assessed.

(b) The commissioners court may set the terms of the

certificate.

matter recited and further proof of the matter is not required if

the certificate substantially states that:

(1) the proceedings referred to in the certificate were in

compliance with the law; and

(2) the prerequisites to imposing the assessment lien against

the property described in the certificate and the personal

liability of the property owner have been performed.

(d) In a suit on an assessment or reassessment in evidence of

which a certificate is issued under this subchapter, it is

sufficient to allege the substance of the recitals in the

certificate and that the recitals are true. Further allegations

with reference to a proceeding relating to an original assessment

or subsequent assessment are not necessary.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.013. VALIDITY OF ASSESSMENT. An assessment related to

the cost of an improvement that is to be constructed is not valid

unless the commissioners court:

(1) makes or causes to be made an estimate of the cost of the

improvement; and

(2) includes the estimate in a published or mailed notice

required by Section 286.007.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.014. CORRECTION OF ASSESSMENT; SUBSEQUENT ASSESSMENT.

(a) If an assessment is held or determined to be invalid or

unenforceable, the commissioners court may correct:

(1) a deficiency in a proceeding relating to the assessment; or

(2) an error, inaccuracy, irregularity, or invalidity relating

to the assessment.

(b) The commissioners court may make and impose a subsequent

assessment after a notice and hearing that comply as nearly as

possible with the requirements for the original notice and

hearing.

subsequent assessment has the same force as a recital in a

certificate related to an original assessment.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. ROAD IMPROVEMENTS AND ASSESSMENTS BY LIVE OAK

COUNTY COMMISSIONERS COURT

Sec. 286.041. APPLICABILITY. This subchapter applies only to

Live Oak County.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.042. ASSESSMENT PROVISIONS. (a) The commissioners

court of the county may finance all or part of the cost of

improving a portion of the county road system located in a

recorded subdivision and outside the limits of a municipality by

imposing an assessment against real property that abuts the

portion of the road that is to be improved and against the owners

of the property.

(b) The commissioners court may:

(1) determine the terms of payment and default of the

assessment;

(2) determine the rate of interest of the assessment, not to

exceed 10 percent a year;

(3) make an assessment against several parcels of property in

one assessment when the parcels are owned by the same person; and

(4) jointly assess property owned jointly.

before the commissioners court accepts the improvement for which

the assessment is made.

(d) An owner of an interest in property against which the

commissioners court makes an assessment under this section is

personally liable for the assessed amount. Each owner of property

owned jointly is jointly and severally liable for the assessment.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.043. ASSESSMENT LIEN. (a) The county has a lien on

assessed property under this subchapter that takes effect on the

date the assessment is made.

(b) The lien has the same priority as a lien for county ad

valorem taxes.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.044. ASSESSMENT LIENS ON CERTAIN EXEMPT PROPERTY. (a)

The county may not assess a lien against property that on the

date the commissioners court orders the assessment is exempt by

law from execution on a judgment for debt.

(b) A property owner may waive an exemption to which the owner

is entitled and voluntarily grant an assessment lien against the

property in the same manner provided by law for granting a

mechanic's lien for a homestead improvement.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.045. APPORTIONMENT OF COSTS. (a) The commissioners

court shall apportion the assessed cost of improving a county

road in accordance with the front foot rule which may vary among

the assessed properties.

(b) To produce a substantial equality of burdens imposed in

relation to benefits received, the commissioners court shall

determine an assessment under this section in a just and

equitable manner, keeping in mind the enhanced value to be gained

by the abutting property and the property's owners because of the

improvement.

excess of the enhanced value derived from the improvement by the

property or the property owner.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.046. PLAN OF PROPOSED ROAD IMPROVEMENT. (a) The

commissioners court shall prepare a plan of each proposed

improvement that is to be financed by an assessment under Section

286.042.

(b) The plan must:

(1) specify the nature and location of the improvement;

(2) include an estimate of the total cost of the improvement;

(3) state the total amount of the costs to be financed by the

assessment; and

(4) include an estimate of the cost for each front foot to be

assessed against the property abutting the road to be improved.

cost for each front foot is not uniform.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.047. NOTICE AND ORDER FOR HEARING. (a) After

preparing the plan required by Section 286.046, the commissioners

court by order shall set a time, date, and place for a public

hearing on the proposed improvement.

(b) The commissioners court shall publish notice of the hearing

once a week for at least three consecutive weeks in a newspaper

of general circulation in the area where the improvement is

located. The first publication of the notice must appear not

later than the 21st day before the date of the hearing.

written notice of the hearing to the owner of each parcel of

property subject to the proposed assessment. The commissioners

court shall deliver or mail the notice not later than the 14th

day before the date of the hearing. An owner is not entitled to

notice under this subsection if the owner's name or address is

not shown on the county tax roll.

(d) Notice provided under this section must contain:

(1) a general description of the proposed improvement that is to

be financed by the assessment;

(2) an estimate of the proposed assessment for each front foot

of abutting property;

(3) an estimate of the total cost of the proposed improvement to

be made on each portion of road;

(4) the location of the proposed improvement; and

(5) the date, time, and place of the hearing.

(e) If the estimate of the proposed assessment for each front

foot of abutting property is not uniform, the notice must specify

each variation and identify the affected property.

(f) Notice required by this section is in addition to notice

otherwise required by law.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.048. HEARING. (a) The commissioners court shall hold

a public hearing at which an owner of an interest in property

that abuts a proposed improvement may contest:

(1) the amount of the assessment; or

(2) the accuracy, sufficiency, or validity of a proceeding or

determination of the commissioners court related to the

improvement or assessment.

(b) After correcting a deficiency or error in its proceeding or

determinations, the commissioners court by order may make an

assessment against property that abuts the improvement.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.049. APPEAL. (a) Not later than the 15th day after

the date the commissioners court makes an assessment under this

subchapter, the owner of an interest in property against which

the assessment has been made may file suit in district court to

contest the:

(1) amount of the assessment; or

(2) accuracy or validity of a proceeding or determination

related to the assessment or improvement.

(b) A property owner may file suit under this section not later

than the 15th day after the date the property owner receives

actual notice of the results of the public hearing if the owner

shows by a preponderance of the evidence that notice of the

hearing was not:

(1) mailed or delivered to the owner in the form or manner

required by Section 286.047; or

(2) published in the form or manner required by Section 286.047.

this section waives a complaint because of a determination or

proceeding of the commissioners court related to an order for an

improvement or an assessment.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.050. ENFORCEMENT OF ASSESSMENT OR LIABILITY. (a) A

lien against assessed property and the personal liability of the

owner may be enforced by suit in district court. An amount equal

to the interest on the assessment and an amount equal to

collection expenses, including attorney's fees, are included in

the lien and may be recovered.

(b) In a suit brought to enforce an assessment, it is a defense

that:

(1) notice of the hearing was not delivered or published in the

form or manner required by Section 286.047; or

(2) the amount of the assessment exceeds the estimate given in

the notice provided under Section 286.047.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.051. CERTIFICATE OF ASSESSMENT. (a) The commissioners

court of the county may issue an assignable certificate in the

county's name that:

(1) certifies an assessment imposed under this subchapter; and

(2) declares:

(A) the existence of a lien against the assessed property; or

(B) the personal liability of the property owner.

(b) The commissioners court may determine the terms of the

certificate.

certificate that states:

(1) a proceeding ordering the improvements referred to in the

certificate was conducted in compliance with the law; and

(2) the prerequisites to creating the assessment lien against

the property described in the certificate and the personal

liability of the property owner have been met.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.052. CORRECTION OF ASSESSMENT; SUBSEQUENT ASSESSMENT.

(a) If an assessment is held invalid or unenforceable, the

commissioners court may:

(1) correct an error related to the assessment; and

(2) after a notice and hearing, impose a subsequent assessment

in the same manner provided for an original assessment.

(b) A person who owns or claims an interest in property against

which a subsequent assessment has been imposed has the same right

of appeal from the date the commissioners court orders the

subsequent assessment as an original assessment.

appeal and limitation of defenses apply to a subsequent

assessment.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.053. SUBSEQUENT ASSESSMENT CERTIFICATE. (a) The

commissioners court may issue a subsequent assessment certificate

that reflects each modification of the original assessment.

(b) A subsequent assessment certificate has the same attributes

and effect of an original certificate from the date the

commissioners court orders the subsequent assessment.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. ROADS TO PUBLIC STREAMS AND LAKES AND OTHER PUBLIC

WATER IN LEON AND MADISON COUNTIES

Sec. 286.061. APPLICABILITY. This subchapter applies only to

Leon County and Madison County.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.062. DEFINITIONS. In this subchapter:

(1) "Public water" includes a public stream, river, bay, or

lake.

(2) "Navigable stream" has the meaning assigned by Section

21.001, Natural Resources Code.

(3) "Public lake" means a lake in which the state owns the bed,

or reserves for the state's residents the right of access to the

lake for fishing, boating, hunting, or other recreation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.063. PUBLIC NECESSITY FOR ADDITIONAL ROADS; PURPOSE.

(a) A public necessity for additional roads is created by the

lack of adequate roads for general public access to a navigable

stream, public lake, or the shore of a lake.

(b) There is a public necessity for a road under this subchapter

if a bank or shore of public water is inaccessible to the general

public.

make accessible to the general public a bank or shore of public

water that is fenced in and inaccessible.

(d) A bank or shore of public water is inaccessible to the

general public under this section if:

(1) the bank or shore extends for more than five miles without a

public road to furnish access to the bank or shore; or

(2) there is an area of five or more miles on the bank or shore

without a road to furnish public access to the bank or shore.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.064. PUBLIC ROAD. The commissioners court may declare

to be a public road to furnish access to public water a:

(1) line between parcels of real property having different

owners;

(2) section line;

(3) survey line;

(4) survey subdivision line; or

(5) direct practicable route through an enclosure that contains

500 or more acres of land.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.065. APPLICATION FOR PUBLIC ROAD. (a) A person who

lives within an enclosure described by Section 286.064(5), or 10

residents of the county, may file a sworn application with the

commissioners court for an order to establish a public road for

access to a bank or shore of public water in the county.

(b) The application must:

(1) state the facts that show the necessity for the highway;

(2) designate the line or route sought to be opened; and

(3) designate the name and residence of each person or owner of

real property to be affected by the proposed road.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.066. NOTICE OF APPLICATION. (a) On the filing of an

application under Section 286.065, the county clerk shall issue

to the sheriff or a constable a notice that commands the sheriff

or constable to summon the property owners named in the notice

to:

(1) appear at the next regular term of the commissioners court;

and

(2) show cause why the line or route designated in the

application should not be declared a public road.

(b) Notice under this section:

(1) must contain the substance of the application filed under

Section 286.065; and

(2) shall be served and returned in the same manner and for the

same length of time as provided for the service of citation in a

civil action in justice court.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.067. OPENING OF ROAD TO PUBLIC WATER. (a) The

commissioners court by order shall declare each line designated

in the application or designated by the commissioners court to be

a public road if the commissioners court determines, at a regular

term of court and after service of notice required by Section

286.066, that:

(1) this subchapter applies to the proposed road; and

(2) the proposed road is of public importance.

(b) The order must direct the owner of each designated line to

open the road and leave the road open for a space of 15 feet on

each side of the line. A marked tree or other object used to

designate a line and the corners of a survey may not be removed

or defaced.

immediately. Service and return of the notice shall be made as

provided by Section 286.066.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.068. ROADWORK. The commissioners court is not required

to keep a road declared to be a public road under this subchapter

worked by road hands.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.069. DAMAGES AND COSTS. (a) A jury of freeholders

shall assess any damage to a property owner under this subchapter

in the manner provided for other public roads.

(b) The county shall pay all costs of a proceeding to open a

public road if the commissioners court of the county grants the

application.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 286.070. OPENING ROAD PARALLEL TO NAVIGABLE STREAM. (a)

On the filing of an application in accordance with Sections

286.064 through 286.069, the commissioners court may issue an

order that opens, in accordance with this subchapter, a public

road that runs parallel and adjacent to the bank of a navigable

stream for public access to the navigable stream and for camping

purposes.

(b) The public road must be 60 feet wide and may extend any

distance the commissioners court considers necessary.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER D. OPTIONAL COUNTY ROAD SYSTEM IN GREGG COUNTY

Sec. 286.081. ELECTION FOR COUNTY ROAD SYSTEM. (a) The

commissioners court of Gregg County shall order an election on

the question of the adoption of the optional county road system

under Subchapter D, Chapter 252, if the commissioners court

receives a petition signed by a number of registered voters

residing in each commissioner precinct equal to at least 10

percent of the number of votes cast in the precinct for governor

in the most recent general election at which that office was

filled.

(b) The election shall be held on the first authorized uniform

election date prescribed by Section 41.001, Election Code, that

occurs at least 31 days after the date on which the petition is

filed with the commissioners court.

voting for or against the proposition: "Adopting the Optional

County Road System in Gregg County."

(d) If the majority of the votes cast in the election favor

adoption, the optional county road system takes effect and

Chapter 339, Acts of the 54th Legislature, Regular Session, 1955,

has no effect.

(e) If a majority of the votes cast in the election do not favor

adoption:

(1) Chapter 339, Acts of the 54th Legislature, Regular Session,

1955, remains in effect; and

(2) another election on the question of adopting the optional

county road system may not be held before the first anniversary

of the most recent election on the proposition.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

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