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.