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                                  * * * * *