2005 Texas Transportation Code CHAPTER 280. MISCELLANEOUS PROVISIONS

TRANSPORTATION CODE

CHAPTER 280. MISCELLANEOUS PROVISIONS


	§ 280.001. CONDEMNING RAILROAD ROADBED.  The 
commissioners court of a county may condemn a railroad roadbed on 
the petition of at least 20 freeholders of an unincorporated 
community for the purpose of opening, widening, or extending a 
street in the community.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 280.002. AUTHORITY OF CERTAIN COUNTIES TO REMOVE 
PROPERTY FROM COUNTY ROADS.  (a) In this section, "personal 
property" includes personal property of any kind or character, 
including a motor vehicle.
	(b)  This section applies only to a county with a population 
of 3.3 million or more.
	(c)  Except as provided by Subsection (g), a county may 
remove personal property from the right-of-way or roadway of a 
county road if the county determines the property:
		(1)  blocks the right-of-way or roadway for at least 
six hours;  or         
		(2)  endangers public safety.                                                 
	(d)  A county may remove the personal property without the 
consent of the owner or carrier of the property.
	(e)  The owner and the carrier of personal property removed 
under this section shall reimburse a county for the costs of removal 
and disposition.
	(f)  Notwithstanding any other provision of law, a county and 
its officers, agents, and employees are not liable for:
		(1)  any damage to personal property resulting from its 
removal or disposal by the county unless the removal or disposal is 
carried out recklessly or in a grossly negligent manner;  or
		(2)  any damage resulting from the failure to exercise 
authority granted under this subchapter.
	(g)  A county may not remove personal property of a public 
utility that is using the right-of-way or roadway of a county road 
to install, maintain, repair, or otherwise access a facility of the 
public utility.

Added by Acts 2005, 79th Leg., ch. 1030, § 1, eff. Sept. 1, 2005.