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.