S.B. No. 165




AN ACT

relating to the authority of certain law enforcement agencies and 
transportation authorities to remove certain personal property 
from a roadway or right-of-way.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter G, Chapter 545, Transportation Code, 
is amended by adding Section 545.3051 to read as follows:
	Sec. 545.3051.  REMOVAL OF PERSONAL PROPERTY FROM ROADWAY OR 
RIGHT-OF-WAY.  (a)  In this section:
		(1)  "Authority" means:                                                
			(A)  a metropolitan rapid transit authority 
operating under Chapter 451; or
			(B)  a regional transportation authority 
operating under Chapter 452.
		(2)  "Law enforcement agency" means:                                   
			(A)  the department;                                                  
			(B)  the police department of a municipality;                         
			(C)  the sheriff's office of a county; or                             
			(D)  a constable's office of a county.                                
		(3)  "Personal property" means:                                        
			(A)  a vehicle described by Section 545.305;                          
			(B)  spilled cargo;                                                   
			(C)  a hazardous material as defined by 49 U.S.C. 
Section 5102 and its subsequent amendments; or
			(D)  a hazardous substance as defined by Section 
26.263, Water Code.
	(b)  An authority or a law enforcement agency may remove 
personal property from a roadway or right-of-way if the authority 
or law enforcement agency determines that the property blocks the 
roadway or endangers public safety.
	(c)  Personal property may be removed under this section 
without the consent of the owner or carrier of the property.
	(d)  The owner and any carrier of personal property removed 
under this section shall reimburse the authority or law enforcement 
agency for any reasonable cost of removal and disposition of the 
property.
	(e)  Notwithstanding any other provision of law, an 
authority or a law enforcement agency is not liable for:
		(1)  any damage to personal property removed from a 
roadway or right-of-way under this section, unless the removal is 
carried out recklessly or in a grossly negligent manner; or
		(2)  any damage resulting from the failure to exercise 
the authority granted by this section.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 165 passed the Senate on 
March 5, 2003, by the following vote:  Yeas 28, Nays 2; and that 
the Senate concurred in House amendment on May 21, 2003, by the 
following vote:  Yeas 31, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 165 passed the House, with 
amendment, on May 16, 2003, by the following vote:  Yeas 147, 
Nays 0, one present not voting.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor