1-1 By: Armbrister S.B. No. 450
1-2 (In the Senate - Filed February 9, 1999; February 15, 1999,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 8, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; March 8, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to markings required on certain vehicles; creating an
1-9 offense.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 642.002, Transportation Code, is amended
1-12 to read as follows:
1-13 Sec. 642.002. IDENTIFYING MARKINGS ON CERTAIN VEHICLES
1-14 REQUIRED; OFFENSE; PENALTY. (a) A person commits an offense if:
1-15 (1) the person operates on a public street, road, or
1-16 highway:
1-17 (A) a commercial motor vehicle that has three or
1-18 more axles;
1-19 (B) a truck-tractor;
1-20 (C) a road-tractor; or
1-21 (D) a tow truck; and
1-22 (2) the vehicle does not have on each side of the
1-23 power unit identifying markings that comply with the identifying
1-24 marking requirements specified by 49 C.F.R. Section 390.21 or that:
1-25 (A) show the name [and address, including city
1-26 and state,] of the owner or operator of the vehicle;
1-27 (B) have clearly legible letters and numbers of
1-28 a height of at least two inches; and
1-29 (C) show the motor carrier registration number
1-30 in clearly legible letters and numbers, if the vehicle is required
1-31 to be registered under this chapter.
1-32 (b) A person commits an offense if the person operates on a
1-33 public street, road, or highway a tow truck that does not show on
1-34 each side of the power unit, in addition to the markings required
1-35 by Subsection (a)(2), the city in which the owner or operator
1-36 maintains its place of business and the telephone number, including
1-37 area code, at that place of business in clearly legible letters and
1-38 numbers.
1-39 (c) The owner of a vehicle commits an offense if the owner
1-40 or operator permits another to operate a vehicle in violation of
1-41 Subsection (a) or (b).
1-42 (d) [(c)] The Texas Department of Transportation by rule may
1-43 prescribe additional requirements regarding the form of the
1-44 markings required by Subsection (a)(2) that are not inconsistent
1-45 with that subsection.
1-46 (e) [(d)] An offense under this section is a Class C
1-47 misdemeanor.
1-48 SECTION 2. (a) This Act takes effect July 1, 1999. The
1-49 change in law made by this Act applies only to an offense committed
1-50 on or after the effective date of this Act. For purposes of this
1-51 section, an offense is committed before the effective date of this
1-52 Act if any element of the offense occurs before that date.
1-53 (b) An offense committed before the effective date of this
1-54 Act is covered by the law in effect when the offense was committed,
1-55 and the former law is continued in effect for that purpose.
1-56 SECTION 3. The importance of this legislation and the
1-57 crowded condition of the calendars in both houses create an
1-58 emergency and an imperative public necessity that the
1-59 constitutional rule requiring bills to be read on three several
1-60 days in each house be suspended, and this rule is hereby suspended,
1-61 and that this Act take effect and be in force according to its
1-62 terms, and it is so enacted.
1-63 * * * * *