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.