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 * * * * *