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.