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H.B. No. 1092
AN ACT
relating to the authority of certain counties to remove property
from county roads.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 280, Transportation Code, is amended by
adding Section 280.002 to read as follows:
Sec. 280.002. AUTHORITY OF CERTAIN COUNTIES TO REMOVE
PROPERTY FROM COUNTY ROADS. (a) In this section, "personal
property" includes personal property of any kind or character,
including a motor vehicle.
(b) This section applies only to a county with a population
of 3.3 million or more.
(c) Except as provided by Subsection (g), a county may
remove personal property from the right-of-way or roadway of a
county road if the county determines the property:
(1) blocks the right-of-way or roadway for at least
six hours; or
(2) endangers public safety.
(d) A county may remove the personal property without the
consent of the owner or carrier of the property.
(e) The owner and the carrier of personal property removed
under this section shall reimburse a county for the costs of removal
and disposition.
(f) Notwithstanding any other provision of law, a county and
its officers, agents, and employees are not liable for:
(1) any damage to personal property resulting from its
removal or disposal by the county unless the removal or disposal is
carried out recklessly or in a grossly negligent manner; or
(2) any damage resulting from the failure to exercise
authority granted under this subchapter.
(g) A county may not remove personal property of a public
utility that is using the right-of-way or roadway of a county road
to install, maintain, repair, or otherwise access a facility of the
public utility.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1092 was passed by the House on May
13, 2005, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1092 on May 27, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1092 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor