HBA-TBM H.B. 2750 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2750
By: Jones, Elizabeth
Public Safety
3/28/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the Texas Department of Transportation (TxDOT) is the
only agency protected from liability when removing personal property from a
roadway.  Under normal circumstances, TxDOT officials arrive in a timely
manner to remove the property.  However, if TxDOT is delayed, traffic will
back up while waiting for TxDOT officials to arrive.  The back-up delays
motorists, increases the risk of road accidents, and endangers law
enforcement officials waiting at the scene.  House Bill 2750 authorizes law
enforcement agencies to remove personal property from roadways and protects
them from liability while performing this function.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2750 amends the Transportation Code to authorize a law
enforcement agency (agency) to remove personal property without the owner
or carrier's consent from a roadway or right-of-way if the agency
determines that the property blocks the roadway or endangers the public.
The bill requires the owner and carrier of the property removed to
reimburse the agency for the cost of removal.  The bill provides that an
agency and its officers are not liable for any damage to personal property
that is removed unless it is done so recklessly or with gross negligence.
An agency and its officers are also not liable for damage resulting from
not moving the property.  

EFFECTIVE DATE

September 1, 2001.