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                                  * * * * *