TWT S.B. 902 75(R)BILL ANALYSIS


TRANSPORTATION
S.B. 902
By: Gallegos (Carter)
4-7-97
Committee Report (Unamended)


BACKGROUND 

The 72nd Texas Legislature in 1991 passed S.B. 312 which granted the Texas
Department of Transportation (TXDOT) the authority to: 

_ remove spilled cargo from the state highway system and the state's
right-of-way without the owner's approval in circumstances where the
material is blocking the flow of traffic or endangering public safety; 
_ remove hazardous materials or substances in accordance with existing
state and federal laws; 
_ perform these actions and not be liable for damages to any removed cargo
or personal property unless the removal was conducted in a grossly
negligent manner; 
_ seek reimbursement from the owner of the property for costs associated
with the removal and disposition of the property. 

The legislation was designed to allow TXDOT to clear obstructions from
highways in a timely and expedient manner to keep traffic flowing as
smoothly as possible.  However, the original legislation did not include a
vehicle in the definition of personal property.   

Approximately 60 percent of traffic congestion is caused from
non-recurring sources - traffic delays caused by an accident, a stalled
vehicle, or some other incident.  Moving damaged or disabled vehicles from
the right-of-way or roadway of the state highway system is a matter of
safety.  When the TXDOT must move damaged or disabled vehicles from the
right-of-way or roadway, it is for the purpose of protecting public safety
and to operate the existing transportation system as efficiently as
possible. 

PURPOSE

To clarify the TXDOT's liability concerning its authority to remove
damaged or disabled vehicles from the right-of-way or roadway of the state
highway system. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 472.011, Transportation Code, by changing the
definition of "personal property" to include personal property of any kind
or character, including: (1) a vehicle, as defined by Section 502.001,
that is damaged or disabled.  Section 502.001 defines "vehicle" to mean a
device in or by which a person or property is or may be transported or
drawn on a public highway, other than a device used exclusively on
stationary rails or tracks.  

SECTION 2. Amends Section 472.014, Transportation Code, by adding language
granting the TXDOT immunity from liability in exercising its authority
granted under this subchapter.    
SECTION 3.Emergency Clause. Effective upon passage.