SRC-JEC H.B. 647 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 647
78R7246 JRJ-FBy: Jones, Elizabeth (Carona)
Infrastructure Development and Security
5/15/2003
Engrossed


DIGEST AND PURPOSE 

Currently, the Texas Department of Transportation is the only agency
protected from liability when removing personal property from roadways.
H.B. 647 authorizes law enforcement agencies to remove personal property
from roadways and protects them from liability when performing this
function.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 550, Transportation Code, by adding Subchapter
F, as follows: 

SUBCHAPTER F.  AUTHORITY TO REMOVE PROPERTY FROM ROADWAY OR RIGHTOF-WAY

Sec. 550.101.  DEFINITION.  Defines "personal property."

Sec. 550.102.  AUTHORITY TO REMOVE PROPERTY GENERALLY.  (a)  Authorizes a
law enforcement agency to remove personal property from a roadway or
right-of-way if the law enforcement agency determines that the property
blocks the roadway or endangers public safety. 

(b)  Authorizes a law enforcement agency to remove the personal property
without the consent of the owner or carrier of the property. 

Sec. 550.103.  OWNER AND CARRIER RESPONSIBLE FOR COST OF REMOVAL AND
DISPOSITION.  Requires the owner and the carrier of personal property
removed under Section 550.102 to reimburse a law enforcement agency for
the cost of removal and disposition of the property. 

Sec. 550.104.  LAW ENFORCEMENT AGENCY NOT LIABLE FOR DAMAGES. Provides
that, notwithstanding any other provision of law, a law enforcement agency
and its officers and employees are not liable for any damage to personal
property resulting from its removal or disposal by the law enforcement
agency, unless the removal or disposal is carried out recklessly or in a
grossly negligent manner, or for any damage resulting from the failure to
exercise authority granted under Section 550.102. 

SECTION 2.  Effective date:  September 1, 2003.