AN ACT
1-1 relating to markings required on certain vehicles; creating an
1-2 offense.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 642.002, Transportation Code, is amended
1-5 to read as follows:
1-6 Sec. 642.002. IDENTIFYING MARKINGS ON CERTAIN VEHICLES
1-7 REQUIRED; OFFENSE; PENALTY. (a) A person commits an offense if:
1-8 (1) the person operates on a public street, road, or
1-9 highway:
1-10 (A) a commercial motor vehicle that has three or
1-11 more axles;
1-12 (B) a truck-tractor;
1-13 (C) a road-tractor; or
1-14 (D) a tow truck; and
1-15 (2) the vehicle does not have on each side of the
1-16 power unit identifying markings that comply with the identifying
1-17 marking requirements specified by 49 C.F.R. Section 390.21 or that:
1-18 (A) show the name [and address, including city
1-19 and state,] of the owner or operator of the vehicle;
1-20 (B) have clearly legible letters and numbers of
1-21 a height of at least two inches; and
1-22 (C) show the motor carrier registration number
1-23 in clearly legible letters and numbers, if the vehicle is required
1-24 to be registered under this chapter.
2-1 (b) A person commits an offense if the person operates on a
2-2 public street, road, or highway a tow truck that does not show on
2-3 each side of the power unit, in addition to the markings required
2-4 by Subsection (a)(2), the city in which the owner or operator
2-5 maintains its place of business and the telephone number, including
2-6 area code, at that place of business in clearly legible letters and
2-7 numbers.
2-8 (c) The owner of a vehicle commits an offense if the owner
2-9 or operator permits another to operate a vehicle in violation of
2-10 Subsection (a) or (b).
2-11 (d) [(c)] The Texas Department of Transportation by rule may
2-12 prescribe additional requirements regarding the form of the
2-13 markings required by Subsection (a)(2) that are not inconsistent
2-14 with that subsection.
2-15 (e) [(d)] An offense under this section is a Class C
2-16 misdemeanor.
2-17 SECTION 2. (a) The change in law made by this Act applies
2-18 only to an offense committed on or after the effective date of this
2-19 Act. For purposes of this section, an offense is committed before
2-20 the effective date of this Act if any element of the offense occurs
2-21 before that date.
2-22 (b) An offense committed before the effective date of this
2-23 Act is covered by the law in effect when the offense was committed,
2-24 and the former law is continued in effect for that purpose.
2-25 SECTION 3. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended,
3-4 and that this Act take effect and be in force from and after its
3-5 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 450 passed the Senate on
March 11, 1999, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 450 passed the House on
May 22, 1999, by the following vote: Yeas 144, Nays 0, two present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor