HBA-RAR, PDH H.B. 632 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 632
By: Alexander
Transportation
2/17/1999
Introduced



BACKGROUND AND PURPOSE 
 
During the 75th Texas Legislature, Senate Bill 370 amended Section 642.002,
Transportation Code, relating to required identifying markings on certain
commercial motor vehicles.  The language was intended to make tow truck
operators show the motor carrier registration number, name, address, city,
and state of the owner or operator of the vehicle.  The language
unintentionally covered not only tow truck operators but all other kinds of
commercial motor vehicles. The Texas Department of Public Safety sought an
opinion from the attorney general regarding the enforceability of the
language.  The attorney general issued Letter Opinion 98-127 which rules
that the requirements of Chapter 642 (Identifying Markings on Commercial
Motor Vehicles), Transportation Code, were not invalid even though the
legislature intended the new identifying marking requirements to apply only
to tow trucks. 

H.B. 632 clarifies that identifying markings on specific commercial motor
vehicles must comply with federal regulations and removes the requirement
that the address of the carrier be listed on the side of the vehicle.  This
bill provides that a tow truck operator commits an offense if a tow truck
is operated on a public street, road, or highway without the required
markings, including the telephone number of the operator's place of
business, in clearly legible letters and numbers. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 642.002, Transportation Code,  to add  a
requirement that a person comply with the identifying markings specified by
49 C.F.R. Section 390.21 (Marking of commercial motor vehicles), for the
operation of a commercial motor vehicle that has three or more axles, a
truck-tractor, a road-tractor, or a tow truck.  Provides that a person
commits a Class C misdemeanor if the person operates a tow truck that does
not show on each side of the power unit the city of the owner or operator's
place of business and the telephone number, including area code, at that
place of business in clearly legible letters and numbers.  Redesignates
existing Subsections (c)-(d) to Subsections (d)-(e), respectively. Makes
conforming changes.  

SECTION 2.  Effective date: July 1, 1999.
                       Makes application of this Act prospective.

SECTION 3.  Emergency clause.