1-1     By:  Nelson                                           S.B. No. 1020
 1-2           (In the Senate - Filed March 1, 2001; March 5, 2001, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     April 11, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 11, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1020              By:  Armbrister
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the authority of certain law enforcement agencies to
1-11     remove certain personal property from a roadway or right-of-way.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter G, Chapter 545, Transportation Code,
1-14     is amended by adding Section 545.3051 to read as follows:
1-15           Sec. 545.3051.  AUTHORITY TO REMOVE PERSONAL PROPERTY FROM
1-16     ROADWAY OR RIGHT-OF-WAY.  (a)  In this section:
1-17                 (1)  "Law enforcement agency" means:
1-18                       (A)  the department;
1-19                       (B)  the police department of a municipality; or
1-20                       (C)  the sheriff's office of a county.
1-21                 (2)  "Personal property" means:
1-22                       (A)  a vehicle described by Section 545.305;
1-23                       (B)  spilled cargo;
1-24                       (C)  a hazardous material as defined by 49 U.S.C.
1-25     Section 5102; or
1-26                       (D)  a hazardous substance as defined by Section
1-27     26.263, Water Code.
1-28           (b)  A law enforcement agency may remove personal property
1-29     from a roadway or right-of-way if the agency determines that the
1-30     property blocks the roadway or endangers public safety.
1-31           (c)  Personal property may be removed under this section
1-32     without the consent of the owner or carrier of the property.
1-33           (d)  The owner and any carrier of personal property removed
1-34     under this section shall reimburse the law enforcement agency for
1-35     any cost of removal and disposition of the property.
1-36           (e)  Notwithstanding any other provision of law, a law
1-37     enforcement agency is not liable for:
1-38                 (1)  any damage to personal property removed from a
1-39     roadway or right-of-way under this section, unless the removal is
1-40     carried out recklessly or in a grossly negligent manner; or
1-41                 (2)  any damage resulting from the failure to exercise
1-42     the authority granted by this section.
1-43           SECTION 2.  This Act takes effect immediately if it receives
1-44     a vote of two-thirds of all the members elected to each house, as
1-45     provided by Section 39, Article III, Texas Constitution.  If this
1-46     Act does not receive the vote necessary for immediate effect, this
1-47     Act takes effect September 1, 2001.
1-48                                  * * * * *