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A BILL TO BE ENTITLED
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AN ACT
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relating to duties of law enforcement involving damaged fences and |
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to compensation to property owners for property damage resulting |
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from vehicular pursuit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 370.004, Local Government Code, is |
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amended to read as follows: |
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Sec. 370.004. NOTICE OF DAMAGED FENCE. (a) A peace officer |
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employed by a political subdivision of this state who investigates |
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or responds to an incident in which a motor vehicle damages a fence |
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shall, if the peace officer reasonably believes that the fence is |
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intended to contain livestock or other animals: |
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(1) immediately determine the owner of the land on |
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which the damaged fence is located; [and] |
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(2) notify the owner of the type and extent of the |
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damage, if the owner has registered with the political subdivision |
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in accordance with Subsection (b); and |
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(3) remain at the location of the damaged fence until |
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the landowner or landowner's representative arrives at the scene |
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[(c)]. |
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(b) [A peace officer is not liable to an owner of land or any
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other person for damage resulting from the peace officer's failure
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to notify the owner under Subsection (a).
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[(c)] A landowner must provide an agency or department of a |
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political subdivision that employs peace officers with the |
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following information if the landowner would like a peace officer |
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of that agency or department to notify the landowner of damage under |
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Subsection (a): |
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(1) the landowner's name, address, and telephone |
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number; and |
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(2) the location and a description of the landowner's |
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property. |
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SECTION 2. Sections 683.015(f) and (g), Transportation |
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Code, are amended to read as follows: |
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(f) A county law enforcement agency shall [may] use funds |
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received from the sale of a motor vehicle abandoned as a result of a |
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vehicular pursuit involving the law enforcement agency and |
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transferred under Subsection (d) to compensate property owners |
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whose property was damaged as a result of the pursuit, regardless of |
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whether the agency would be liable under Chapter 101, Civil |
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Practice and Remedies Code. A payment for compensation under this |
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subsection may not exceed any of the following amounts: |
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(1) the net proceeds received from the sale of the |
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motor vehicle abandoned as a result of the pursuit; |
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(2) $1,000 per property owner, if more than one |
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property owner's property is damaged as a result of the pursuit; or |
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(3) the amount of the property owner's insurance |
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deductible. |
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(g) Before a law enforcement agency compensates [may
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compensate] a property owner under Subsection (f) using funds |
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transferred to a county under Subsection (d), the sheriff or |
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constable must submit the proposed payment for compensation for |
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consideration, and the commissioners court shall approve |
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[consider] the proposed payment for compensation, at the next |
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regularly scheduled meeting of the commissioners court. |
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SECTION 3. The changes in law made by this Act apply to |
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funds received from the sale of a motor vehicle abandoned as a |
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result of a vehicular pursuit involving a law enforcement agency |
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and transferred under Section 683.015, Transportation Code, on or |
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after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2011. |