2009 Texas Code
LOCAL GOVERNMENT CODE
TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
CHAPTER 325. SPORTS FACILITY DISTRICT ESTABLISHED BY COUNTY  

LOCAL GOVERNMENT CODE

TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES

SUBTITLE B. COUNTY PARKS AND OTHER RECREATIONAL AND CULTURAL

RESOURCES

CHAPTER 325. SPORTS FACILITY DISTRICT ESTABLISHED BY COUNTY

SUBCHAPTER A. CREATION OF DISTRICT

Sec. 325.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the district.

(2) "Director" means a member of the board.

(3) "District" means a sports facility district.

(4) "Sports facility" means a multi-use facility for sport and

recreational activities.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.002. CREATION AND PURPOSE OF DISTRICT. The

commissioners court of a county by order may create a sports

facility district to finance and effect the construction,

acquisition, or operation of a sports facility to serve the

county.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.003. BOUNDARIES. A sports facility district is

composed of the area of the county that created the district.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

SUBCHAPTER B. DISTRICT ADMINISTRATION

Sec. 325.011. BOARD OF DIRECTORS; TERM OF OFFICE. (a) The

district is governed by a board of directors composed of five

members, with two directors appointed by the commissioners court

of the county, two directors appointed by the governing body of

the municipality having the largest population in the county, and

one director appointed by the governing body of the school

district with the largest number of students in average daily

attendance in the county. The board shall manage the district and

administer this chapter.

(b) Directors are appointed for two-year terms expiring on

February 1 of odd-numbered years. However, the initial directors

may be appointed for terms covering a period of less than two

years.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.012. VACANCY ON BOARD. A vacancy on the board shall be

filled by appointment of the remaining members. The person

appointed to fill the vacancy shall serve only for the unexpired

term.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.013. COMPENSATION. Each director is entitled to

receive an amount set by the board in its budget, not to exceed

$25 a day, for each day the director is actually engaged in

performing services for the district.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.014. ORGANIZATION OF BOARD. (a) After each directors'

appointment, the board shall hold a regular meeting at the

district office and shall organize by electing from the members

of the board one person to serve as chairman, one person to serve

as vice-chairman, and one person to serve as secretary.

(b) A member selected to serve as chairman, vice-chairman, or

secretary shall serve in that capacity for the member's term of

office on the board.

(c) The chairman shall preside over meetings of the board, and

in the chairman's absence, the vice-chairman shall preside.

(d) The chairman, vice-chairman, and secretary shall perform the

duties and may exercise the powers specifically given them by

this chapter or by orders of the board.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.015. OTHER OFFICERS. (a) The board shall appoint a

person to serve as treasurer for the district.

(b) The persons appointed under this section are entitled to the

compensation provided by the district's budget.

(c) The person appointed as treasurer shall execute a bond in

the amount determined by the board, payable to the district and

conditioned on the faithful performance of the treasurer's

duties. The district shall pay for the bond.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.016. GENERAL MANAGER. (a) The board may employ a

general manager to be the chief administrative officer of the

district and may delegate to the general manager full authority

to manage and operate the district's affairs subject only to

orders of the board.

(b) The general manager shall execute a bond in the amount

determined by the board, payable to the authority and conditioned

on the faithful performance of the general manager's duties. The

authority shall pay for the bond.

(c) The general manager is entitled to receive the compensation

provided by the district's budget.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.017. PERSONNEL. (a) The board or the general manager

at the direction of the board shall employ persons necessary for

the proper handling of district business and operation and may

employ or contract with expert and specialized personnel who are

necessary to carry out this chapter.

(b) The board shall determine the terms of employment and the

compensation to be paid to employees under this section.

(c) The board shall require each employee or person under

contract to the district who collects, pays, or handles any funds

of the district to furnish a bond, payable to the district, for

an amount sufficient to protect the district from financial loss

resulting from actions of the employee or another person. Each

bond shall be conditioned on the faithful performance of the

employee's or person's duties and on accounting for all money and

property of the district in the employee's or person's hands. The

district shall pay for each bond.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.018. OFFICE. The board shall maintain an office within

the boundaries of the district for conducting the business of the

district.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.019. MEETINGS OF BOARD. The board shall hold regular

meetings at the district's office at least once each month on a

date established by rule of the board.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.020. MINUTES AND RECORDS. (a) The board shall keep a

complete written account of all its meetings and other

proceedings and shall preserve its minutes, contracts, records,

plans, notices, accounts, receipts, and records of all kinds in a

secure manner at the district's office.

(b) Minutes, contracts, records, plans, notices, accounts,

receipts, and other records are the property of the district and

are subject to public inspection.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.021. SEAL. The board shall adopt a seal for the

district.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 325.031. GENERAL POWERS. To carry out this chapter, the

district may:

(1) apply for, accept, receive, and administer gifts, grants,

loans, and other funds available from any source;

(2) enter into contracts with the federal government and its

agencies, the state and its agencies, local governmental entities

including the county, and private entities;

(3) conduct, request, and participate in studies,

investigations, and research relating to providing a sports

facility; and

(4) advise, consult, and cooperate with the federal government

and its agencies, the state and its agencies, local governmental

entities including the county, and private entities.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.032. CONTRACTS. The board may enter into contracts as

provided by this subchapter, and those contracts shall be

executed by the board in the name of the district.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.033. RULES. The board may adopt rules to carry out

this subchapter.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.034. SUITS; PAYMENT OF JUDGMENTS. (a) The district

may, through its board, sue and be sued in any court of this

state in the name of the district. Service of process in a suit

may be had by serving the general manager.

(b) The courts of this state shall take judicial notice of the

creation of the district.

(c) A court of this state that renders a money judgment against

the district may require the board to pay the judgment from money

in the district depository that is not dedicated to the payment

of any indebtedness of the authority.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.035. INSURANCE. The board may purchase insurance

insuring the district and its employees for any liability

incurred under this chapter and may purchase insurance coverage

to cover losses of district property.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.036. ACQUISITION OF PROPERTY FOR SITE. (a) The

district may acquire by gift, grant, purchase, or condemnation

any land, easements, rights-of-way, and other property interests

necessary to construct or improve a sports facility.

(b) The district may lease property on terms the board

determines advantageous to the district.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.037. EMINENT DOMAIN. (a) The district may acquire

land for a sports facility by condemnation if the board

determines, after notice and hearing, that it is necessary.

(b) The right of eminent domain must be exercised in the manner

provided by Chapter 21, Property Code, except that the district

is not required to give bond for appeal or bond for costs in a

condemnation suit or other suit to which it is a party and is not

required to deposit double the amount of any award in any suit.

(c) If the district, in the exercise of the power of eminent

domain, makes necessary the relocation, raising, lowering,

rerouting, or changing in grade, or alteration of the

construction of any highway, railroad, electric transmission or

distribution line, telephone or telegraph properties and

facilities, or pipeline, all necessary relocations, raising,

lowering, rerouting, changing in grade, or alteration of

construction shall be accomplished at the sole expense of the

district. "Sole expense" means the actual cost of relocation,

raising, lowering, rerouting, or changing in grade, or alteration

of construction to provide comparable replacement without

enhancement of facilities, after deducting the net salvage value

derived from the old facility.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.038. DISTRICT TO ENTER INTO CONSTRUCTION CONTRACTS.

The district may contract with any person to construct or improve

any part of a sports facility.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.039. BIDS ON CONTRACTS FOR CONSTRUCTION. Construction

contracts requiring an expenditure of more than $15,000 may be

made only after competitive bidding as provided by Subchapter B,

Chapter 271, Local Government Code.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 757, Sec. 16, eff.

Sept. 1, 1993.

Sec. 325.040. CHANGE ORDERS. After a construction contract is

awarded, if the district determines that additional work is

needed or if the character or type of work, facilities, or

improvements should be changed, the board may authorize change

orders to the contract on terms the board approves. A change made

under this section may not increase or decrease the total cost of

the contract by more than 25 percent.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.041. ATTACHMENTS TO CONSTRUCTION CONTRACTS. A

construction contract must contain, or have attached to it, the

specifications, plans, and details for work included in the

contract, and work shall be done according to those plans and

specifications under the supervision of the district.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.042. EXECUTION AND AVAILABILITY OF CONSTRUCTION

CONTRACTS. (a) A construction contract must be in writing and

signed by an authorized representative of the district and the

contractor.

(b) The contract is a district record and is subject to Section

325.020.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.043. CONTRACTOR'S BOND. (a) A contractor shall

execute a bond. The bond must be in an amount determined by the

board, not to exceed the contract price, payable to the district,

approved by the board, and conditioned on the faithful

performance of the obligations, agreements, and covenants of the

contract.

(b) The bond must provide that if the contractor defaults on the

contract, the contractor will pay to the district all damages

sustained as a result of the default. The district shall deposit

the bond in its depository and shall keep a copy of the bond in

its main office.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.044. MONITORING CONSTRUCTION WORK. (a) The board has

control of any construction, acquisition, or improvement of the

sports facility for which it has contracted. The board shall

determine whether or not the contract is being fulfilled.

(b) The board shall have the construction work inspected by

engineers, inspectors, or other personnel of the district.

(c) During the progress of the construction work, the employees

inspecting the work shall submit to the board written reports

that show whether the contractor is complying with the contract.

(d) On completion of construction work, the employees inspecting

the work shall submit to the board a final detailed written

report including information necessary to show whether the

contractor has fully complied with the contract.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.045. PAYMENT FOR CONSTRUCTION WORK. (a) The district

shall make monthly progress payments under construction contracts

as the work proceeds, or at more frequent intervals as determined

by the board.

(b) If requested by the board, the contractor shall furnish an

analysis of the total contract price showing the amount included

for each principal category of the work, in such detail as

requested, to provide a basis for determining progress payments.

(c) In making progress payments, the district shall retain 10

percent of the estimated amount until final completion and

acceptance of the contract work. However, if the board, at any

time after 50 percent of the work has been completed, finds that

satisfactory progress is being made, it may authorize any of the

remaining progress payments to be made in full. Also, if the work

is substantially complete, the board, if it finds the amount

retained to be in excess of the amount adequate for the

protection of the district, may release to the contractor all or

a part of the excess amount.

(d) On completion and acceptance of each separate project, work,

or other division of the contract, on which the price is stated

separately in the contract, payment may be made without retention

of a percentage.

(e) When construction work is completed according to the terms

of the contract, the board shall draw a warrant on the depository

to pay any balance due on the contract.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.046. CONTRACTS FOR PURCHASE OF VEHICLES, EQUIPMENT, AND

SUPPLIES OVER $5,000. (a) If the estimated amount of a proposed

contract for the purchase of vehicles, equipment, or supplies is

more than $15,000, the board shall ask for competitive bids in

accordance with the bidding procedures provided by the County

Purchasing Act (Subchapter C, Chapter 262, Local Government Code)

except that the bids shall be presented to the board and the

board shall award the contract.

(b) This section does not apply to purchases of property from

public agencies or to contracts for personal or professional

services.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 757, Sec. 17, eff.

Sept. 1, 1993.

Sec. 325.047. FEES AND CHARGES. (a) The board may adopt and

enforce all necessary charges, fees, or rentals for providing any

district facilities or service.

(b) The board may require a deposit for any service or

facilities furnished and may provide that the deposit will bear

interest.

(c) The board may discontinue a facility or service to prevent

an abuse or enforce payment of an unpaid charge, fee, or rental

due the district.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

SUBCHAPTER D. DISTRICT FINANCES

Sec. 325.061. FISCAL YEAR. (a) The district shall be operated

on the basis of a fiscal year established by the board.

(b) The fiscal year may not be changed more than once in a

24-month period.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.062. ANNUAL AUDIT. Annually, the board shall have an

audit made of the financial condition of the district.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.063. ANNUAL BUDGET. (a) The board shall prepare and

approve an annual budget.

(b) The budget must contain a complete financial statement,

including a statement of the:

(1) outstanding obligations of the district;

(2) amount of cash on hand to the credit of each fund of the

district;

(3) amount of money received by the district from all sources

during the previous year;

(4) amount of money estimated to be available to the district

from all sources during the ensuing year;

(5) amount of the balances expected at the end of the year in

which the budget is being prepared; and

(6) estimated amount of revenues and balances available to cover

the proposed budget.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.064. AMENDING BUDGET. After the annual budget is

adopted, the board may amend the budget.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.065. LIMITATION ON EXPENDITURES. Money may not be

spent for an expense not included in the annual budget or an

amendment to it.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.066. SWORN STATEMENT. As soon as practicable after the

close of the fiscal year, the general manager shall prepare for

the board a sworn statement of the amount of money that belongs

to the district and an account of the disbursements of that

money.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.067. DEPOSITORY. (a) The board shall name one or more

banks to serve as depository for district funds.

(b) District funds, other than those transmitted to a bank of

payment for bonds issued by the district, shall be deposited as

received with the depository bank. This subsection does not limit

the power of the board to place a part of the district's funds on

time deposit or to purchase certificates of deposit.

(c) Before the district deposits funds in a bank in an amount

that exceeds the maximum amount secured by the Federal Deposit

Insurance Corporation, the bank must execute a bond or other

security in an amount sufficient to secure from loss the district

funds that exceed the amount secured by the Federal Deposit

Insurance Corporation.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.068. INVESTMENTS. (a) Funds of the district may be

invested and reinvested by the board or its authorized

representative in direct or indirect obligations of the United

States, the state, or any county, municipality, school district,

or other political subdivision of the state.

(b) Funds of the district may be placed in certificates of

deposit of state or national banks or state or federal savings

and loan associations within the state provided that they are

secured in the manner provided for the security of the funds of

counties of the state.

(c) The board, by resolution, may provide that an authorized

representative of the district may invest and reinvest the funds

of the district and provide for money to be withdrawn from the

appropriate accounts of the district for investments on terms the

board considers advisable.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.069. REPAYMENT OF ORGANIZATIONAL EXPENSES. (a) The

board may pay all costs and expenses necessarily incurred in the

creation and organization of the district, legal fees, and other

incidental expenses and may reimburse any person for money

advanced for those purposes.

(b) Payments may be made from money obtained from the sale of

bonds first issued by the district or other revenues of the

district.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.070. BORROWING MONEY. The district may borrow money

for any purpose authorized under this chapter or any combination

of those purposes.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

SUBCHAPTER E. DISTRICT BONDS

Sec. 325.081. ISSUANCE OF BONDS. The board may issue revenue

bonds in the name of the district to acquire land and construct

facilities as provided by this chapter.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.082. MANNER OF REPAYMENT OF BONDS. The board may

provide for the payment of the principal of and interest on the

bonds from revenues of the district, including fees and lease

income.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.083. FORM OF BONDS. (a) A district may issue its

bonds in various series or issues.

(b) Bonds may mature serially or otherwise not more than 50

years from their date and shall bear interest at any rate

permitted by the constitution and laws of the state.

(c) A district's bonds and interest coupons, if any, are

investment securities under the terms of Chapter 8 of the

Business & Commerce Code and may be issued registrable as to

principal or as to both principal and interest and may be made

redeemable before maturity, at the option of the district, or may

contain a mandatory redemption provision.

(d) A district's bonds may be issued in the form, denominations,

and manner and under the terms, conditions, and details, and

shall be signed and executed as provided by the board in the

resolution or order authorizing their issuance.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.084. PROVISIONS OF BONDS. (a) In the orders or

resolutions authorizing the issuance of bonds, the board may

provide for the flow of funds, the establishment and maintenance

of the interest and sinking fund, the reserve fund, and other

funds, and may make additional covenants with respect to the

bonds, the pledged revenues, and the operation and maintenance of

those improvements and facilities, the revenue of which is

pledged.

(b) The orders or resolutions of the board authorizing the

issuance of bonds may also prohibit the further issuance of bonds

payable from the pledged revenue or may reserve the right to

issue additional bonds to be secured by a pledge of and payable

from the revenue on a parity with or subordinate to the lien and

pledge in support of the bonds being issued.

(c) The orders or resolutions of the board issuing bonds may

contain other provisions and covenants as the board may

determine.

(d) The board may adopt and have executed any other proceedings

or instruments necessary and convenient in the issuance of bonds.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.085. APPROVAL BY ATTORNEY GENERAL; REGISTRATION BY

COMPTROLLER. (a) Bonds issued by a district must be submitted

to the attorney general for examination.

(b) If the attorney general finds that the bonds have been

authorized in accordance with law, the attorney general shall

approve them, and they shall be registered by the comptroller of

public accounts.

(c) After the approval and registration of bonds, the bonds are

incontestable in any court or other forum, for any reason, and

are valid and binding obligations in accordance with their terms

for all purposes.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.086. BONDS AS INVESTMENTS. District bonds are legal

and authorized investments for:

(1) banks;

(2) trust companies;

(3) savings and loan associations;

(4) insurance companies;

(5) fiduciaries;

(6) trustees;

(7) guardians; and

(8) sinking funds of municipalities, counties, school districts,

and other political subdivisions of the state and other public

funds of the state and its agencies, including the permanent

school fund.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.087. BONDS AS SECURITY FOR DEPOSITS. District bonds

are eligible to secure deposits of public funds of the state and

municipalities, counties, school districts, and other political

subdivisions of the state. The bonds are lawful and sufficient

security for deposits to the extent of their value when

accompanied by all unmatured coupons.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.088. TAX STATUS OF BONDS. Bonds issued by a district

under this chapter, any transaction relating to the bonds, and

profits made in the sale of the bonds, are free from taxation by

the state or by any municipality, county, special district, or

other political subdivision of the state.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.089. MANDAMUS BY BONDHOLDERS. In addition to all other

rights and remedies provided by law, if the district defaults in

the payment of principal, interest, or redemption price on its

bonds when due or if it fails to make payments into any fund or

funds created in the orders or resolutions authorizing the

issuance of the bonds or defaults in the observation or

performance of any other covenants, conditions, or obligations

set forth in the orders or resolutions authorizing the issuance

of its bonds, the owners of any of the bonds are entitled to a

writ of mandamus issued by a court of competent jurisdiction

compelling and requiring the district and its officials to

observe and perform the covenants, obligations, or conditions

prescribed in the orders or resolutions authorizing the issuance

of the district's bonds.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989.

Sec. 325.090. APPLICATION OF OTHER LAWS. Bonds of the district

are considered public securities under Chapter 1201, Government

Code.

Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.323, eff.

Sept. 1, 2001.