BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1420

80R3732 MTB-D                                                                                  By: Smith, Wayne (Jackson)

                                                                                                 Transportation & Homeland Security

                                                                                                                                            5/12/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 1092, 78th Legislature, Regular Session, 2003, gave counties the authority to remove personal property that may be blocking a road or right-of-way or that endangers public safety on a county road.  However, the language that was enacted differs from the legislative intent of the bill.  Current law requires a vote of the entire commissioners court to order the removal of such property.  However, requiring a vote of the entire county commissioners court was not the legislative intent of H.B. 1092.

 

H.B. 1420 clarifies that a county commissioner is authorized to order the removal of personal property by the county without a vote of the county commissioners court.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Sections 280.002(c), (d), and (g), as follows:

 

(c)  Authorizes a county commissioner, rather than county, except as provided by Subsection (g), to order the removal of personal property by the county, rather than remove personal property, from the right-of-way or roadway of a county road if the county commissioner, rather than county, determines the property blocks the right-of-way or roadway for at least six hours or endangers public safety.

 

(d) and (g)  Makes conforming changes.

 

SECTION 2.  Effective date: upon passage or September 1, 2007.