HBA-ALS S.B. 450 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 450
By: Armbrister
Transportation
3/23/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Transportation Code requires certain markings and
information to be legibly displayed on commercial motor vehicles. This bill
clarifies these requirements, and creates offenses for failure to comply
with them. S.B. 450 requires certain commercial vehicles to clearly display
identifying markings which comply with federal regulations.  This bill
removes the requirement that the owner or operator's address must be
displayed on these vehicles.  In addition, S.B. 450 makes it an offense to
operate on a public street a tow truck that does not comply with specific
marking requirements. 

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, as follows:

Sec. 642.002.  IDENTIFYING MARKINGS ON CERTAIN VEHICLES REQUIRED; OFFENSE;
PENALTY. (a) Provides that a person commits an offense if the person
operates on a public street, road, or highway, a commercial motor vehicle
that does not have markings on each side of the power unit that comply with
the marking requirements of 49 C.F.R.  390.21 (Marking of commercial motor
vehicles) or that does not have markings displaying specified information.
Deletes language requiring that the required identifying markings include
the address of the owner or operator of the vehicle.   

(b) Provides that a person commits a Class C misdemeanor if the person
operates on a public street, road, or highway, a tow truck that does not
legibly show on each side of the power unit, the city in which the owner or
operator maintains its place of business and the area code and telephone
number of that place of business, in addition to the marking requirements
specified by 49 C.F.R.  390.21. Makes a conforming change. Redesignates
existing Subsections (b)-(d) to Subsections (c)-(e). 

SECTION 2.Makes application of this Act prospective.

SECTION 3.Emergency clause.
  Effective date: upon passage.