79R2357 MXM-F

By:  Gallegos                                                     S.B. No. 1763



A BILL TO BE ENTITLED

AN ACT

relating to the authority of Harris County to remove personal 
property from county roads and rights-of-way.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 17, Special Laws, Acts of the 33rd 
Legislature, Regular Session, 1913, is amended by adding Section 
1-C to read as follows:
	Sec. 1-C.  (a)  Harris County may remove personal property of 
any kind from the right-of-way or roadway of a county road if the 
county determines that the property blocks the right-of-way or 
roadway or that the property endangers public safety.  The county 
may remove the personal property without the consent of the owner or 
carrier of the property.
	(b)  The owner or carrier of personal property removed under 
this section shall reimburse the county for the cost of removal and 
disposition.
	(c)  The county and its officers and employees are not liable 
for:    
		(1)  any damage to personal property resulting from its 
removal or disposal by the county except for a reckless or grossly 
negligent removal or disposal; or
		(2)  any damage resulting from a failure to exercise 
authority granted under 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, 2005.