Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Carter H.B. No. 1842
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the removal of personal property from the right-of-way
1-3 of roadway of the state highway system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 472.011, Transportation Code, is amended
1-6 to read as follows:
1-7 Sec. 472.011. Definition. In this subchapter, "personal
1-8 property" includes personal property of any kind or character,
1-9 including:
1-10 (1) a vehicle, as defined by Section 502.001, that is
1-11 damaged or disabled;
1-12 (2) spilled cargo;[,]
1-13 (3) a hazardous material as defined by 49 U.S.C. App.
1-14 Section 1802;[,] and
1-15 (4) a hazardous substance as defined by Section
1-16 26.263, Water Code.
1-17 SECTION 2. Section 472.014, Transportation Code, is amended
1-18 to read as follows:
1-19 Sec. 472.014. Department Not Liable for Damages.
1-20 Notwithstanding any other provision of law, the [The] department
1-21 and its officers and employees are not liable for:
1-22 (1) any damage to personal property resulting from its
1-23 removal or disposal by the department unless the removal or
1-24 disposal is carried out recklessly or in a grossly negligent
2-1 manner; or
2-2 (2) any damage resulting from the failure to exercise
2-3 authority granted under this subchapter.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended,
2-9 and that this Act take effect and be in force from and after its
2-10 passage, and it is so enacted.