(a) Purpose. Transportation Code, §§472.011-472.014, authorize the Texas Department of Transportation to remove and dispose of spilled cargo or other personal property on state rights of way or a portion of the roadway of the state highway system. This section prescribes the requirements and procedures for the removal of spilled cargo or other personal property from the highway system.

(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Department - The Texas Department of Transportation.

(2) District - One of the 25 geographical areas managed by a district engineer, in which the department conducts its primary work activities.

(3) Hazardous material - Material as defined by the Hazardous Material Transportation Act (49 U.S.C. §5102).

(4) Hazardous substance - Material as defined by the Texas Hazardous Substances Spill Prevention and Control Act (Water Code, §26.263).

(5) Personal property - Property of any kind or character that comes to rest within state right of way or a portion of the roadway of the state highway system, including: (A) a vehicle; (B) spilled cargo; (C) a hazardous material; and (D) a hazardous substance.

(6) Vehicle - A device in or by which a person or property is or may be transported or drawn on a public highway, other than a device used exclusively on stationary rails or tracks.

(c) General conditions warranting removal of personal property.

(1) The department may, without the consent of the owner or carrier, remove personal property from the state's right of way if the department considers this cargo or property to be blocking the roadway or endangering public safety.

(2) For each occurrence, the department will determine whether the removal of the personal property is warranted based on the following considerations: (A) the safety of department employees; (B) the safety of the public; (C) the operation of the highway facilities; (D) the protection of the state investment; (E) the availability of resources for removal operations; and (F) the availability of storage space at a department facility.

(3) If the department determines that removal is necessary, it will remove the property with as much care as is practical under the existing conditions.

(4) The department will remove property that it believes is a hazardous material or a hazardous substance in compliance with Government Code, §411.018, and the Texas Hazardous Substances Spill Prevention and Control Act, Water Code, Chapter 26, subchapter G.

(5) The department and its employees do not assume responsibility for damage to the property resulting from removal.

(d) Notification of property owner.

(1) The department, through its local districts, will attempt to contact the owner or carrier of the property through information obtained from the property or through inquiries from the owner or carrier.

(2) If the department is unable to ascertain the identity of the property owner within 30 days of the removal, the department will dispose of the property in the manner the department deems most suitable.

(e) Storage of Property.

(1) Property other than vehicles. (A) Removal of property may include transportation to and/or storage of the property at a site other than the spill location. (B) The owner or carrier is responsible for the security of the property and the integrity of any perishable goods at all times. (C) The owner or carrier will claim and take possession of the property as soon as possible after its relocation from the spill site. The department may dispose of the property if the owner, after notification, fails to take possession within 10 days. (D) The owner or carrier is responsible for the costs of removal and disposing of the property. The department will bill the responsible party for all costs and the responsible party shall remit the costs to the department within 30 days of the date of billing. If the responsible party fails to remit all costs, the department may refer the matter to the Office of the Attorney General for collection.

(2) Removal of vehicles. (A) The department will move a vehicle from the roadway or shoulder as necessary to prevent a disabled or damaged vehicle from blocking the roadway or endangering public safety. In some circumstances, this may require the department to move, or arrange to move, a vehicle to a location away from the original site. (B) The vehicle owner will be responsible for all costs associated with the removal and storage of a vehicle.

Source Note: The provisions of this §29.2 adopted to be effective November 21, 1999, 24 TexReg 10144