By Nelson                                             S.B. No. 1020
         77R5878 JD-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     personal property from a roadway or the right-of-way of a roadway.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter B, Chapter 472, Transportation Code, is
 1-6     amended to read as follows:
 1-7           SUBCHAPTER B. [DEPARTMENT] AUTHORITY TO REMOVE PROPERTY
 1-8                FROM ROADWAY OR RIGHT-OF-WAY [STATE HIGHWAYS]
 1-9           Sec. 472.011.  DEFINITIONS [DEFINITION].  In this subchapter:
1-10                 (1)  "Law enforcement agency" means:
1-11                       (A)  the Department of Public Safety;
1-12                       (B)  the police department of a municipality; or
1-13                       (C)  the sheriff's office of a county.
1-14                 (2)  "Personal[, "personal] property" includes personal
1-15     property of any kind or character, including:
1-16                       (A) [(1)]  a vehicle, as defined by Section
1-17     502.001, that is damaged or disabled;
1-18                       (B) [(2)]  spilled cargo;
1-19                       (C) [(3)]  a hazardous material as defined by 49
1-20     U.S.C. [App.] Section 51.02 [1802]; and
1-21                       (D) [(4)]  a hazardous substance as defined by
1-22     Section 26.263, Water Code.
1-23           Sec. 472.012.  [DEPARTMENT] AUTHORITY TO REMOVE PROPERTY
1-24     GENERALLY. (a)  The department or a law enforcement agency may
 2-1     remove personal property from a roadway or the right-of-way of a
 2-2     roadway, including a [or] roadway of the state highway system, if
 2-3     the department or law enforcement agency determines the property
 2-4     blocks the roadway or endangers public safety.
 2-5           (b)  The department or a law enforcement agency may remove
 2-6     the personal property without the consent of the owner or carrier
 2-7     of the property.
 2-8           Sec. 472.013.  OWNER AND CARRIER RESPONSIBLE FOR COSTS OF
 2-9     REMOVAL AND DISPOSITION.  The owner and the carrier of personal
2-10     property removed under this subchapter shall reimburse the
2-11     department or law enforcement agency, as applicable, for the costs
2-12     of removal and disposition.
2-13           Sec. 472.014.  DEPARTMENT OR LAW ENFORCEMENT AGENCY NOT
2-14     LIABLE FOR DAMAGES. Notwithstanding any other provision of law, the
2-15     department, a law enforcement agency, and the [its] officers and
2-16     employees of the department or a law enforcement agency are not
2-17     liable for:
2-18                 (1)  any damage to personal property resulting from its
2-19     removal or disposal by the department or law enforcement agency, as
2-20     applicable, unless the removal or disposal is carried out
2-21     recklessly or in a grossly negligent manner; or
2-22                 (2)  any damage resulting from the failure to exercise
2-23     authority granted under this subchapter.
2-24           SECTION 2.  This Act takes effect immediately if it receives
2-25     a vote of two-thirds of all the members elected to each house, as
2-26     provided by Section 39, Article III, Texas Constitution.  If this
2-27     Act does not receive the vote necessary for immediate effect, this
 3-1     Act takes effect September 1, 2001.