SRC-JFA S.B. 902 75(R)    BILL ANALYSIS


Senate Research Center   S.B. 902
By: Gallegos
Jurisprudence
3-12-97
As Filed


DIGEST 

Currently, under Chapter 472, Transportation Code, the Department of
Transportation (department) is authorized to remove personal property from
the right-of-way or roadway of the state highway system if the department
determines the property blocks the roadway or endangers public safety.
Additionally, this chapter provides that the department is not liable for
such removal of personal property unless the removal was conducted in a
grossly negligent manner.  The definition of "personal property" that is
applicable to this chapter does not include a vehicle as defined by
Section 502.001, Transportation Code.  Section 502.001 defines "vehicle"
as 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."  Approximately 60 percent of traffic
congestion is caused by delays caused by an accident, a stalled vehicle,
or some other vehicular incident.  Moving damaged or disabled vehicles
from the right-of-way or roadway of the state highway system would
increase safety and reduce some of the congestion.  This bill would
include in the definition of "personal property" the definition of a
"vehicle" that is damaged or disabled, as defined by Section 502.001,
Transportation Code, in order to authorize the department to remove such
vehicles with threat of limited liability.   
 
PURPOSE

As proposed, S.B. 902 includes in the definition of "personal property,"
as defined under Chapter 472, Transportation Code, the definition of a
"vehicle" that is damaged or disabled, as defined by Section 502.001,
Transportation Code, in order to authorize the Department of
Transportation to remove such vehicles from the right-of-way or roadway of
the state highway system. 
 
RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 472.011, Transportation Code, to redefine
"personal property." 

SECTION 2. Amends Section 472.014, Transportation Code, to provide that
notwithstanding any other provision of law, the Department of
Transportation and its officers and employees are not liable for certain
damages.  

SECTION 3. Emergency clause.
  Effective date: upon passage.