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Amend SB 165 on third reading on page 2, between lines 11 and
12, by inserting the following:
(f) The fire department of a county or municipality may
remove personal property described by Subsection (a)(2)(C) or (D)
from a roadway or right-of-way if the fire department determines
that the property blocks the roadway or endangers public safety.
(g) Personal property may be removed under Subsection (f)
without the consent of the owner or carrier of the property. The
owner and any carrier of personal property removed under that
subsection shall reimburse the fire department for any reasonable
cost of removal and disposition of the property.
(h) Notwithstanding any other provision of law, a fire
department is not liable for:
(1) any damage to personal property removed from a
roadway or right-of-way under Subsection (f), unless the removal is
carried out recklessly or in a grossly negligent manner; or
(2) any damage resulting from the failure to exercise
the authority granted to the fire department by Subsection (f).