HB 647 78(R)    BILL ANALYSIS


C.S.H.B. 647
By: E. Jones
Law Enforcement
Committee Report(Substituted)



BACKGROUND AND PURPOSE 

Under current law, the Texas Department of Transportation (TxDOT) is the
only agency protected from liability when removing personal property from
roadways.  Under normal circumstances, TxDOT officials arrive in a timely
manner to remove the property.  However, if TxDOT is delayed and the
property remains in the roadway, traffic may back up.  This situation
delays motorists, increases the risk of road accidents, and endangers law
enforcement officials at the scene.  C.S.H.B. 647 authorizes law
enforcement agencies to remove personal property from roadways and
protects them from liability when performing this function. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

C.S.H.B. 647 amends Chapter 550 of the Transportation Code, "Accidents and
Accident Reports", by adding Subchapter F, "Authority to Remove Property
from Roadway or Right-of-Way".  The bill defines personal property broadly
as property of any kind, enumerating a damaged or disabled vehicle defined
by Section 502.001, spilled cargo, and certain hazardous materials and
substances.  It authorizes a law enforcement agency to remove personal
property without consent of the owner or carrier if it determines that the
property blocks the roadway or endangers public safety.  The bill provides
that the owner or carrier of the property removed must reimburse the law
enforcement agency for costs incurred in removal and disposal.  Finally,
it releases a law enforcement agency from liability for damages resulting
from removal or disposal unless the removal or disposal was carried out in
a reckless or grossly negligent manner. 


EFFECTIVE DATE

This Act takes effect September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 647 modifies the original by adding a damaged or disabled vehicle
defined by Section 502.001 as an enumerated item under the definition of
personal property.