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.