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


Senate Research CenterC.S.S.B. 1020
77R12140 JD-FBy: Nelson
State Affairs
4/10/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, only the Texas Department of Transportation is authorized to
remove vehicles from state highways.  C.S.S.B. 1020 authorizes certain
local law enforcement personnel to remove certain property from a roadway
or right-of-way and provides that those law enforcement personnel are not
liable for certain damages resulting from those actions under certain
conditions. 

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 545G, Transportation Code, by adding Section
545.3051, as follows: 

Sec. 545.3051.  AUTHORITY TO REMOVE PERSONAL PROPERTY FROM ROADWAY OR
RIGHT-OF-WAY.  Defines "law enforcement agency" and "personal property."
Authorizes a law enforcement agency to remove personal property from a
roadway or right-of-way if the agency determines that the property blocks
the roadway or endangers public safety.  Authorizes personal property to be
removed under this section without the consent of the owner or carrier of
the property.  Requires the owner and any carrier of personal property
removed under this section to reimburse the law enforcement agency for any
cost of removal and disposition of the property.  Provides that
notwithstanding any other provision of law, a law enforcement agency is not
liable for certain damages under certain conditions. 

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

SUMMARY OF COMMITTEE CHANGES

Differs from the original by amending the relating clause.

Deletes previously proposed SECTION 1 regarding the authority of certain
law enforcement agencies to remove certain property from certain roadways
and adds a new SECTION 1. 

SECTION 2.  No change.