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


Senate Research CenterC.S.S.B. 165
By: Carona
Infrastructure Development and Security
2/25/2003
Committee Report (Substituted)


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.  C.S.S.B. 165 authorizes a law enforcement agency 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, C.S.S.B. 165 protects a law enforcement agency 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, C.S.S.B. 165 protects a law
enforcement agency 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 Chapter 545G, Transportation Code, by adding Section
545.3051, as follows: 

Sec. 545.3051.  AUTHORITY TO REMOVE PERSONAL PROPERTY FROM ROADWAY OR
RIGHT-OF-WAY.  (a)  Defines "law enforcement agency" and "personal
property." 

(b)  Authorizes 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 law enforcement agency for any reasonable cost of removal
and disposition of the property. 

(e)  Provides circumstances under which a law enforcement agency will not
be held liable for property removed or for failure to exercise authority
granted by this section. 

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



SUMMARY OF COMMITTEE CHANGES

 In SECTION 1, adds the constable's office of a county with a population
of 3 million or more to the definition of "law enforcement agency" in
Section 545.3051(a).  Inserts the word "reasonable" in front of the word
"cost" in Section 545.3051(d).