SRC-TJG, MSY, LBB S.B. 165 78(R)BILL ANALYSIS


Senate Research CenterS.B. 165
By: Carona
Infrastructure Development and Security
8/25/2003
Enrolled


DIGEST AND PURPOSE 

Under current Texas law, the Texas Department of Transportation (TxDOT) is
the only agency that is protected from liability when removing personal
property that is blocking a roadway.  If TxDOT is delayed, and traffic
conditions worsen as a result of the blockage, law enforcement officials
who seek to remove the personal property are not be protected from
liability.  S.B. 165 authorizes a law enforcement agency or authority to
remove personal property from roadways, without the consent of the
property's owner or carrier, upon determining that the property endangers
public safety.  Furthermore, S.B. 165 protects a law enforcement agency or
authority from liability for damage to such property unless the removal is
done recklessly or with gross negligence, and requires the owner and any
carrier of the property to reimburse the agency for the cost of removal
and disposition of the property.  Finally, S.B. 165 protects a law
enforcement agency or authority from liability for damage resulting from
not moving the property. 

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 Subchapter G, Chapter 545, Transportation Code, by
adding Section 545.3051, as follows: 

Sec. 545.3051.  REMOVAL OF PERSONAL PROPERTY FROM ROADWAY OR RIGHT-OF-WAY.
(a)  Defines "authority," "law enforcement agency," and "personal
property." 

(b)  Authorizes an authority or a law enforcement agency to remove
personal property from a roadway or right-of-way if the property blocks
the roadway or endangers public safety. 

(c)  Authorizes personal property to be removed without the consent of the
owner or carrier of the property. 

(d)  Requires the owner and any carrier of personal property removed to
reimburse the authority or law enforcement agency for any reasonable cost
of removal and disposition of the property. 

(e)  Provides that, notwithstanding any other provision of law, an
authority or a law enforcement agency will not be held liable for any
damage to personal property removed under this section unless the removal
is carried out recklessly or in a grossly negligent manner or for any
damage resulting from the failure to exercise authority granted by this
section. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.