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.