(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 § 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 § 545.305;
(B) spilled cargo;
(C) a hazardous material as defined by 49 U.S.C. § 5102 and its subsequent amendments;
(D) a hazardous substance as defined by § 26.263, Water Code; or
(E) an unattended manufactured home as defined by § 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.

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Terms Used In Texas Transportation Code 545.3051


(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.