1-1 By: Gallegos S.B. No. 902
1-2 (In the Senate - Filed March 3, 1997; March 6, 1997, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 March 18, 1997, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; March 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the removal of personal property from the right-of-way
1-9 or roadway of the state highway system.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 472.011, Transportation Code, is amended
1-12 to read as follows:
1-13 Sec. 472.011. Definition. In this subchapter, "personal
1-14 property" includes personal property of any kind or character,
1-15 including:
1-16 (1) a vehicle, as defined by Section 502.001, that is
1-17 damaged or disabled;
1-18 (2) spilled cargo;[,]
1-19 (3) a hazardous material as defined by 49 U.S.C. App.
1-20 Section 1802;[,] and
1-21 (4) a hazardous substance as defined by Section
1-22 26.263, Water Code.
1-23 SECTION 2. Section 472.014, Transportation Code, is amended
1-24 to read as follows:
1-25 Sec. 472.014. Department Not Liable for Damages.
1-26 Notwithstanding any other provision of law, the [The] department
1-27 and its officers and employees are not liable for:
1-28 (1) any damage to personal property resulting from its
1-29 removal or disposal by the department unless the removal or
1-30 disposal is carried out recklessly or in a grossly negligent
1-31 manner; or
1-32 (2) any damage resulting from the failure to exercise
1-33 authority granted under this subchapter.
1-34 SECTION 3. The importance of this legislation and the
1-35 crowded condition of the calendars in both houses create an
1-36 emergency and an imperative public necessity that the
1-37 constitutional rule requiring bills to be read on three several
1-38 days in each house be suspended, and this rule is hereby suspended,
1-39 and that this Act take effect and be in force from and after its
1-40 passage, and it is so enacted.
1-41 * * * * *