By:  Nelson                                           S.B. No. 1020
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of certain law enforcement agencies to
 1-3     remove certain personal property from a roadway or right-of-way.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter G, Chapter 545, Transportation Code,
 1-6     is amended by adding Section 545.3051 to read as follows:
 1-7           Sec. 545.3051.  AUTHORITY TO REMOVE PERSONAL PROPERTY FROM
 1-8     ROADWAY OR RIGHT-OF-WAY.  (a)  In this section:
 1-9                 (1)  "Law enforcement agency" means:
1-10                       (A)  the department;
1-11                       (B)  the police department of a municipality; or
1-12                       (C)  the sheriff's office of a county.
1-13                 (2)  "Personal property" means:
1-14                       (A)  a vehicle described by Section 545.305;
1-15                       (B)  spilled cargo;
1-16                       (C)  a hazardous material as defined by 49 U.S.C.
1-17     Section 5102; or
1-18                       (D)  a hazardous substance as defined by Section
1-19     26.263, Water Code.
1-20           (b)  A law enforcement agency may remove personal property
1-21     from a roadway or right-of-way if the agency determines that the
1-22     property blocks the roadway or endangers public safety.
1-23           (c)  Personal property may be removed under this section
1-24     without the consent of the owner or carrier of the property.
1-25           (d)  The owner and any carrier of personal property removed
 2-1     under this section shall reimburse the law enforcement agency for
 2-2     any cost of removal and disposition of the property.
 2-3           (e)  Notwithstanding any other provision of law, a law
 2-4     enforcement agency is not liable for:
 2-5                 (1)  any damage to personal property removed from a
 2-6     roadway or right-of-way under this section, unless the removal is
 2-7     carried out recklessly or in a grossly negligent manner; or
 2-8                 (2)  any damage resulting from the failure to exercise
 2-9     the authority granted by this section.
2-10           SECTION 2.  This Act takes effect immediately if it receives
2-11     a vote of two-thirds of all the members elected to each house, as
2-12     provided by Section 39, Article III, Texas Constitution.  If this
2-13     Act does not receive the vote necessary for immediate effect, this
2-14     Act takes effect September 1, 2001.