SRC-JBJ S.B. 1020 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1020
77R5878 JD-DBy: Nelson
State Affairs
3/28/2001
As Filed


DIGEST AND PURPOSE 

Currently, only the Texas Department of Transportation is authorized to
remove vehicles from state highways.  As proposed, S.B. 1020 authorizes
local law enforcement personnel to remove disabled vehicles from the
roadway and provides that the law enforcement personnel are not liable for
damages resulting from those actions if certain conditions are met. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 472B, Transportation Code, as follows:

SUBCHAPTER B.  New heading:  AUTHORITY TO REMOVE PROPERTY FROM ROADWAY OR
RIGHT-OF-WAY 

Sec. 472.011.  New heading:  DEFINITIONS.  Defines "law enforcement agency"
and redefines "personal property." 

Sec. 472.012.  New heading:  AUTHORITY TO REMOVE PROPERTY GENERALLY.
Authorizes the Texas Department of Transportation (department) or a law
enforcement agency to remove personal property from a roadway or the
right-of-way of a roadway, including a roadway of the state highway system,
if the department or law enforcement agency determines the property blocks
the roadway or endangers public safety.  Makes a conforming change. 

 Sec. 472.013.  Makes a conforming change.

Sec. 472.014.  New heading:  DEPARTMENT OR LAW ENFORCEMENT AGENCY NOT
LIABLE FOR DAMAGES.  Makes conforming and nonsubstantive changes. 

SECTION 2.  Effective date: Upon passage or September 1, 2001.