82R9108 SLB-F
By: King of Zavala H.B. No. 2896
A BILL TO BE ENTITLED
AN ACT
relating to duties of law enforcement involving damaged fences and
to compensation to property owners for property damage resulting
from vehicular pursuit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 370.004, Local Government Code, is
amended to read as follows:
Sec. 370.004. NOTICE OF DAMAGED FENCE. (a) A peace officer
employed by a political subdivision of this state who investigates
or responds to an incident in which a motor vehicle damages a fence
shall, if the peace officer reasonably believes that the fence is
intended to contain livestock or other animals:
(1) immediately determine the owner of the land on
which the damaged fence is located; [and]
(2) notify the owner of the type and extent of the
damage, if the owner has registered with the political subdivision
in accordance with Subsection (b); and
(3) remain at the location of the damaged fence until
the landowner or landowner's representative arrives at the scene
[(c)].
(b) [A peace officer is not liable to an owner of land or any
other person for damage resulting from the peace officer's failure
to notify the owner under Subsection (a).
[(c)] A landowner must provide an agency or department of a
political subdivision that employs peace officers with the
following information if the landowner would like a peace officer
of that agency or department to notify the landowner of damage under
Subsection (a):
(1) the landowner's name, address, and telephone
number; and
(2) the location and a description of the landowner's
property.
SECTION 2. Sections 683.015(f) and (g), Transportation
Code, are amended to read as follows:
(f) A county law enforcement agency shall [may] use funds
received from the sale of a motor vehicle abandoned as a result of a
vehicular pursuit involving the law enforcement agency and
transferred under Subsection (d) to compensate property owners
whose property was damaged as a result of the pursuit, regardless of
whether the agency would be liable under Chapter 101, Civil
Practice and Remedies Code. A payment for compensation under this
subsection may not exceed any of the following amounts:
(1) the net proceeds received from the sale of the
motor vehicle abandoned as a result of the pursuit;
(2) $1,000 per property owner, if more than one
property owner's property is damaged as a result of the pursuit; or
(3) the amount of the property owner's insurance
deductible.
(g) Before a law enforcement agency compensates [may
compensate] a property owner under Subsection (f) using funds
transferred to a county under Subsection (d), the sheriff or
constable must submit the proposed payment for compensation for
consideration, and the commissioners court shall approve
[consider] the proposed payment for compensation, at the next
regularly scheduled meeting of the commissioners court.
SECTION 3. The changes in law made by this Act apply to
funds received from the sale of a motor vehicle abandoned as a
result of a vehicular pursuit involving a law enforcement agency
and transferred under Section 683.015, Transportation Code, on or
after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2011.