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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a fire department to remove certain |
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personal property from a roadway or right-of-way. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 545.3051(a), Transportation Code, is |
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amended by adding Subdivision (1-a) to read as follows: |
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(1-a) "Fire department" has the meaning assigned by |
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Section 419.021, Government Code. |
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SECTION 2. Section 545.3051, Transportation Code, is |
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amended by amending Subsections (b), (d), and (e) and adding |
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Subsection (f) to read as follows: |
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(b) An authority, a fire department, or a law enforcement |
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agency may remove personal property from a roadway or right-of-way |
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if the authority, fire department, or law enforcement agency |
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determines that the property blocks the roadway or endangers public |
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safety. |
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(d) The owner and any carrier of personal property removed |
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under this section shall reimburse the authority, fire department, |
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or law enforcement agency for any reasonable cost of removal and |
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disposition of the property. |
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(e) Notwithstanding any other provision of law, an |
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authority, a fire department, or a law enforcement agency is not |
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liable for: |
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(1) any damage to personal property removed from a |
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roadway or right-of-way under this section, unless the removal is |
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carried out recklessly or in a grossly negligent manner; or |
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(2) any damage resulting from the failure to exercise |
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the authority granted by this section. |
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(f) The governing body of a political subdivision that has a |
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fire department shall develop and implement a policy concerning the |
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fire department consulting with law enforcement agencies regarding |
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removal of personal property from a roadway or right-of-way. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |