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Texas Transportation Code - TRANSP § 545.3051. Removal of Personal Property From Roadway or Right-of-way

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

(1-a) “Fire department” has the meaning assigned by Section 419.021, Government Code.

(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;

(D) a hazardous substance as defined by Section 26.263, Water Code; or

(E) an unattended manufactured home as defined by Section 1201.003, Occupations Code.

(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.

(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, 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.

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Cite this article: FindLaw.com - Texas Transportation Code - TRANSP § 545.3051. Removal of Personal Property From Roadway or Right-of-way - last updated January 01, 2024 | https://codes.findlaw.com/tx/transportation-code/transp-sect-545-3051/

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