Bill Text: TX SB1413 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the authority of a fire department to remove certain personal property from a roadway or right-of-way.
Spectrum: Slight Partisan Bill (Republican 25-9)
Status: (Passed) 2023-05-27 - Effective immediately [SB1413 Detail]
Download: Texas-2023-SB1413-Enrolled.html
S.B. No. 1413 |
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relating to the authority of a fire department to remove certain | ||
personal property from a roadway or right-of-way. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 545.3051(a), Transportation Code, is | ||
amended by adding Subdivision (1-a) to read as follows: | ||
(1-a) "Fire department" has the meaning assigned by | ||
Section 419.021, Government Code. | ||
SECTION 2. Section 545.3051, Transportation Code, is | ||
amended by amending Subsections (b), (d), and (e) and adding | ||
Subsection (f) to read as follows: | ||
(b) An authority, a fire department, or a law enforcement | ||
agency may remove personal property from a roadway or right-of-way | ||
if the authority, fire department, or law enforcement agency | ||
determines that the property blocks the roadway or endangers public | ||
safety. | ||
(d) The owner and any carrier of personal property removed | ||
under this section shall reimburse the authority, fire department, | ||
or law enforcement agency for any reasonable cost of removal and | ||
disposition of the property. | ||
(e) Notwithstanding any other provision of law, an | ||
authority, a fire department, or a law enforcement agency is not | ||
liable for: | ||
(1) any damage to personal property removed from a | ||
roadway or right-of-way under this section, unless the removal is | ||
carried out recklessly or in a grossly negligent manner; or | ||
(2) any damage resulting from the failure to exercise | ||
the authority granted by this section. | ||
(f) The governing body of a political subdivision that has a | ||
fire department shall develop and implement a policy concerning the | ||
fire department consulting with law enforcement agencies regarding | ||
removal of personal property from a roadway or right-of-way. | ||
SECTION 3. 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, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1413 passed the Senate on | ||
April 12, 2023, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1413 passed the House on | ||
May 12, 2023, by the following vote: Yeas 139, Nays 1, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |