Texas 2023 - 88th Regular

Texas Senate Bill SB1413

Filed
3/1/23  
Out of Senate Committee
4/6/23  
Voted on by Senate
4/12/23  
Out of House Committee
5/5/23  
Voted on by House
5/12/23  
Governor Action
5/27/23  

Caption

Relating to the authority of a fire department to remove certain personal property from a roadway or right-of-way.

Impact

The legislation is anticipated to have a significant impact on state laws regarding roadway management by enhancing the operational capacity of fire departments. Specifically, it establishes a structured consultation process between fire departments and law enforcement regarding the removal of personal property. This framework is designed to ensure that the fire departments act not only effectively but also in alignment with local law enforcement protocols, thereby improving incident response times and contributing to overall roadway safety.

Summary

Senate Bill 1413, titled 'Relating to the authority of a fire department to remove certain personal property from a roadway or right-of-way,' aims to empower fire departments with the authority to clear obstructions from roadways during emergencies. The bill recognizes the critical role that timely removal of personal property, such as wrecked vehicles, plays in ensuring safe passage on public roads. This law would amend existing provisions under the Transportation Code, thereby formally allowing fire personnel to take action in situations where obstructing items pose a danger to public safety.

Sentiment

The sentiment surrounding SB1413 has been largely supportive, with unanimous votes in both the Senate and House indicating broad bipartisan agreement on the need for this legislative change. Proponents argue that the ability for fire departments to act swiftly in clearing roadways is crucial for reducing the risks associated with traffic accidents, potentially saving lives and minimizing injuries. There’s an acknowledgment that current protocols may unnecessarily delay this crucial response due to jurisdictional issues between fire and law enforcement agencies.

Contention

While the bill passed with a strong majority, there were discussions regarding the responsibilities and liabilities of fire departments in removing personal property. Concerns were raised about balancing the responsibilities of fire personnel with existing law enforcement duties. Nevertheless, the bill includes provisions to protect fire departments from liability as long as their actions are not grossly negligent, addressing potential contention around accountability in the new role enacted by this legislation.

Companion Bills

TX HB2681

Identical Relating to the authority of a fire department to remove certain personal property from a roadway or right-of-way.

Previously Filed As

TX SB1024

Relating to removal of personal property on highway right of way.

TX HB1722

Relating to an owner's or lessee's access to property through a Texas Department of Transportation highway right-of-way.

TX S2167

Removes certain property rights of State agencies in certain instances.

TX S07549

Requires that vehicles yield the right of way to multi-use trails that cross roadways.

TX HB1367

Improving motorcycle safety by authorizing the use of the right shoulder of limited access roadways.

TX SB1425

An act to amend Section 185045 of, and to add Chapter 6 (commencing with Section 185520) to Division 19.5 of, the Public Utilities Code, relating to high-speed rail.

TX HB503

Authorizes utility terrain vehicles to travel on the shoulder of certain roadways in Golden Meadow

TX SB2326

Squatters; authorize removal from property by sheriff.

TX A5002

Removes certain construction and property interest rights for offshore wind projects and BPU authority to supersede certain local government powers related to offshore wind development.

TX S2566

Limits the facility's ability to charge rent and fees for a maximum of seven (7) days or until removal of the personal property from the room, whichever occurs first. A violation would constitute a deceptive trade practice.

Similar Bills

No similar bills found.