79R12914 MTB-F


By:  Smith of Harris                                              H.B. No. 1092

Substitute the following for H.B. No. 1092:                                   

By:  Coleman                                                  C.S.H.B. No. 1092



A BILL TO BE ENTITLED

AN ACT

relating to the authority of certain counties to remove property 
from county roads.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 280, Transportation Code, is amended by 
adding Section 280.002 to read as follows:
	Sec. 280.002.  AUTHORITY OF CERTAIN COUNTIES TO REMOVE 
PROPERTY FROM COUNTY ROADS.  (a)  In this section, "personal 
property" includes personal property of any kind or character, 
including a motor vehicle.
	(b)  This section applies only to a county with a population 
of 3.3 million or more.
	(c)  A county may remove personal property from the 
right-of-way or roadway of a county road if the county determines 
the property:
		(1)  blocks the right-of-way or roadway; or                            
		(2)  endangers public safety.                                          
	(d)  A county may remove the personal property without the 
consent of the owner or carrier of the property.
	(e)  The owner and the carrier of personal property removed 
under this section shall reimburse a county for the costs of removal 
and disposition.
	(f)  Notwithstanding any other provision of law, a county and 
its officers, agents, and employees are not liable for:
		(1)  any damage to personal property resulting from its 
removal or disposal by the county 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 this subchapter.
	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, 2005.