| 1 | 1 | | 88R21981 MZM-F |
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| 2 | 2 | | By: Frazier, Bumgarner, Kitzman, Lujan, H.B. No. 2681 |
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| 3 | 3 | | et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the authority of a fire department to remove certain |
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| 9 | 9 | | personal property from a roadway or right-of-way. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 545.3051(a), Transportation Code, is |
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| 12 | 12 | | amended by adding Subdivision (1-a) to read as follows: |
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| 13 | 13 | | (1-a) "Fire department" has the meaning assigned by |
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| 14 | 14 | | Section 419.021, Government Code. |
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| 15 | 15 | | SECTION 2. Section 545.3051, Transportation Code, is |
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| 16 | 16 | | amended by amending Subsections (b), (d), and (e) and adding |
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| 17 | 17 | | Subsection (f) to read as follows: |
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| 18 | 18 | | (b) An authority, a fire department, or a law enforcement |
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| 19 | 19 | | agency may remove personal property from a roadway or right-of-way |
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| 20 | 20 | | if the authority, fire department, or law enforcement agency |
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| 21 | 21 | | determines that the property blocks the roadway or endangers public |
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| 22 | 22 | | safety. |
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| 23 | 23 | | (d) The owner and any carrier of personal property removed |
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| 24 | 24 | | under this section shall reimburse the authority, fire department, |
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| 25 | 25 | | or law enforcement agency for any reasonable cost of removal and |
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| 26 | 26 | | disposition of the property. |
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| 27 | 27 | | (e) Notwithstanding any other provision of law, an |
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| 28 | 28 | | authority, a fire department, or a law enforcement agency is not |
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| 29 | 29 | | liable for: |
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| 30 | 30 | | (1) any damage to personal property removed from a |
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| 31 | 31 | | roadway or right-of-way under this section, unless the removal is |
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| 32 | 32 | | carried out recklessly or in a grossly negligent manner; or |
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| 33 | 33 | | (2) any damage resulting from the failure to exercise |
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| 34 | 34 | | the authority granted by this section. |
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| 35 | 35 | | (f) The governing body of a political subdivision that has a |
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| 36 | 36 | | fire department shall develop and implement a policy concerning the |
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| 37 | 37 | | fire department consulting with law enforcement agencies regarding |
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| 38 | 38 | | removal of personal property from a roadway or right-of-way. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2023. |
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