78R7246 JRJ-F


By:  Jones of Bexar                                               H.B. No. 647



A BILL TO BE ENTITLED

AN ACT

relating to the authority of a law enforcement agency to remove 
property from a roadway.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 550, Transportation Code, is amended by 
adding Subchapter F to read as follows:

SUBCHAPTER F.  AUTHORITY TO REMOVE PROPERTY FROM ROADWAY OR 
RIGHT-OF-WAY
	Sec. 550.101.  DEFINITION. In this subchapter, "personal 
property" includes personal property of any kind, including:
		(1)  a vehicle, as defined by Section 502.001, that is 
damaged or disabled;
		(2)  spilled cargo;                                                    
		(3)  a hazardous material as defined by 49 U.S.C. 
Section 5102; and  
		(4)  a hazardous substance as defined by Section 
26.263, Water Code. 
	Sec. 550.102.  AUTHORITY TO REMOVE PROPERTY GENERALLY. (a)  
A law enforcement agency may 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)  A law enforcement agency may 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. The owner and the carrier of personal 
property removed under Section 550.102 shall 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. Notwithstanding any other provision of law, a law 
enforcement agency and its officers and employees are not liable 
for:
		(1)  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
		(2)  any damage resulting from the failure to exercise 
authority granted under Section 550.102.
	SECTION 2.  This Act takes effect September 1, 2003.