By:  Carona, Shapleigh, Deuell                                    S.B. No. 165
	(In the Senate - Filed January 6, 2003; January 30, 2003, 
read first time and referred to Committee on Infrastructure 
Development and Security; February 27, 2003, reported adversely, 
with favorable Committee Substitute by the following vote:  Yeas 8, 
Nays 0; February 27, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 165                                    By:  Lindsay


A BILL TO BE ENTITLED

AN ACT


relating to the authority of certain law enforcement agencies 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.  AUTHORITY TO REMOVE PERSONAL PROPERTY FROM 
ROADWAY OR RIGHT-OF-WAY.  (a)  In this section:
		(1)  "Law enforcement agency" means:                                   
			(A)  the department;                                                  
			(B)  the police department of a municipality;                         
			(C)  the sheriff's office of a county; or                             
			(D)  the constable's office of a county with a 
population of three million or more.
		(2)  "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)  A law enforcement agency may remove personal property 
from a roadway or right-of-way if the 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 law enforcement agency for 
any reasonable cost of removal and disposition of the property.
	(e)  Notwithstanding any other provision of law, 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.



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