By Jones of Bexar H.B. No. 2750 77R8207 JAT-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of a law enforcement agency to remove 1-3 property from a roadway. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 550, Transportation Code, is amended by 1-6 adding Subchapter F to read as follows: 1-7 SUBCHAPTER F. AUTHORITY TO REMOVE PROPERTY FROM ROADWAY OR 1-8 RIGHT-OF-WAY 1-9 Sec. 550.101. DEFINITION. In this subchapter, "personal 1-10 property" includes personal property of any kind, including: 1-11 (1) spilled cargo; 1-12 (2) a hazardous material as defined by 49 U.S.C. 1-13 Section 5102; and 1-14 (3) a hazardous substance as defined by Section 1-15 26.263, Water Code. 1-16 Sec. 550.102. AUTHORITY TO REMOVE PROPERTY GENERALLY. (a) 1-17 A law enforcement agency may remove personal property from a 1-18 roadway or right-of-way if the law enforcement agency determines 1-19 that the property blocks the roadway or endangers public safety. 1-20 (b) A law enforcement agency may remove the personal 1-21 property without the consent of the owner or carrier of the 1-22 property. 1-23 Sec. 550.103. OWNER AND CARRIER RESPONSIBLE FOR COST OF 1-24 REMOVAL AND DISPOSITION. The owner and the carrier of personal 2-1 property removed under Section 550.102 shall reimburse a law 2-2 enforcement agency for the cost of removal and disposition of the 2-3 property. 2-4 Sec. 550.104. LAW ENFORCEMENT AGENCY NOT LIABLE FOR DAMAGES. 2-5 Notwithstanding any other provision of law, a law enforcement 2-6 agency and its officers and employees are not liable for: 2-7 (1) any damage to personal property resulting from its 2-8 removal or disposal by the law enforcement agency, unless the 2-9 removal or disposal is carried out recklessly or in a grossly 2-10 negligent manner; or 2-11 (2) any damage resulting from the failure to exercise 2-12 authority granted under Section 550.102. 2-13 SECTION 2. This Act takes effect September 1, 2001.