BILL ANALYSIS
Senate Research Center H.B. 1420
80R3732 MTB-D By: Smith, Wayne (Jackson)
Transportation & Homeland Security
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
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.