Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

         By:  Gallegos                                 S.B. No. 902

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the removal of personal property from the right-of-way

 1-2     or roadway of the state highway system.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 472.011, Transportation Code, is amended

 1-5     to read as follows:

 1-6           Sec. 472.011.  Definitions.  In this subchapter, "personal

 1-7     property" includes personal property of any kind or character,

 1-8     including:

 1-9                 (1)  a vehicle, as defined by Section 502.001, that is

1-10     damaged or disabled;

1-11                 (2)  spilled cargo;[,]

1-12                 (3)  a hazardous material as defined by 49 U.S.C. App.

1-13     Section 1802;[,] and

1-14                 (4)  a hazardous substance as defined by Section

1-15     26.263, Water Code.

1-16           SECTION 2.  Section 472.014, Transportation Code, is amended

1-17     to read as follows:

1-18           Sec. 472.014.  Department Not Liable for Damages.

1-19     Notwithstanding any other provision of law, the [The] department

1-20     and its officers and employees are not liable for:

1-21                 (1)  any damage to personal property resulting from its

1-22     removal or disposal by the department unless the removal or

1-23     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.