BILL ANALYSIS

 

 

                                                                                                                                           H.B. 1420

                                                                                                                               By: Smith, Wayne

                                                                                                                                    County Affairs

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Before 2003, counties did not have the authority to remove personal property that may be blocking a road or right-of-way or endangering public safety on a county road. During the Regular Session of the 78th Texas Legislature, H.B. 1092 addressed this issue, however, the language that became law differs from the legislative intent of the bill.

 

H.B. 1420  seeks to clarify that a county commissioner may order the removal of personal property by the county without a vote of the county commissioners court.

 

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

H.B. 1420 amends the Transportation Code to allow a county commissioner the authority to order the removal of personal property if it is blocking a road or right-of-way or endangering public safety on a county road.   

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.