HBA-TBM S.B. 1020 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1020
By: Nelson
Public Safety
5/9/2001
Engrossed



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.  Senate Bill 1020 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

Senate Bill 1020 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 public safety.
The bill requires the owner and any carrier of the property removed to
reimburse the agency for the cost of removal and disposition of the
property.  The bill provides that an agency is not liable for any damage to
personal property that is removed unless it is done so recklessly or with
gross negligence.  An agency is also not liable for damage resulting from
not moving the property.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.