Sec. 545.3051. REMOVAL OF PERSONAL PROPERTY FROM ROADWAY OR RIGHT-OF-WAY. (a) In this section:
(1) "Authority" means:
(A) a metropolitan rapid transit authority operating under Chapter 451; or
(B) a regional transportation authority operating under Chapter 452.
(2) "Law enforcement agency" means:
(A) the department;
(B) the police department of a municipality;
(C) the sheriff's office of a county; or
(D) a constable's office of a county.
(3) "Personal property" means:
(A) a vehicle described by Section 545.305;
(B) spilled cargo;
(C) a hazardous material as defined by 49 U.S.C. Section 5102 and its subsequent amendments; or
(D) a hazardous substance as defined by Section 26.263, Water Code.
(b) An authority or a law enforcement agency may remove personal property from a roadway or right-of-way if the authority or law enforcement agency determines that the property blocks the roadway or endangers public safety.
(c) Personal property may be removed under this section without the consent of the owner or carrier of the property.
(d) The owner and any carrier of personal property removed under this section shall reimburse the authority or law enforcement agency for any reasonable cost of removal and disposition of the property.
(e) Notwithstanding any other provision of law, an authority 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.
Added by Acts 2003, 78th Leg., ch. 803, Sec. 1, eff. June 20, 2003.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.