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.