S.B. 165 78(R)    BILL ANALYSIS


S.B. 165
By: Carona
Law Enforcement
Committee Report (Unamended)



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.  Senate Bill 165 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

Senate Bill 165 amends Chapter 545 of the Transportation Code by adding
Section 545.3051, which  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, and
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.  The bill defines "law enforcement
agency" as the Department of Public Safety, the police department of a
municipality, the sheriff's office of a county, or the constable's office
of a county.  The bill also defines "personal property" as a vehicle
described by Section 545.305, spilled cargo, and certain hazardous
materials and substances. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.