78R7246 JRJ-F
By: Jones of Bexar H.B. No. 647
Substitute the following for H.B. No. 647:
By: Hegar C.S.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.