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.