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AN ACT
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relating to certain requirements for sunscreening devices that are |
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placed on or attached to a motor vehicle; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 547.609, Transportation Code, is amended |
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to read as follows: |
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Sec. 547.609. REQUIRED LABEL FOR SUNSCREENING DEVICES |
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[PERMITTED]. A sunscreening device must have a label that: |
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(1) is legible; |
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(2) contains information required by the department on |
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light transmission and luminous reflectance of the device; [and] |
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(3) if the device is placed on or attached to a |
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windshield or a side or rear window, states that the light |
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transmission of the device is consistent with Section 547.613(b)(1) |
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or (2), as applicable; and |
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(4) is permanently installed between the material and |
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the surface to which the material is applied. |
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SECTION 2. Section 547.613, Transportation Code, is amended |
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by adding Subsection (a-1) and amending Subsections (b) and (e) to |
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read as follows: |
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(a-1) A person in the business of placing or attaching |
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transparent material that alters the color or reduces the light |
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transmission to the windshield or side or rear window of a motor |
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vehicle commits a misdemeanor punishable by a fine not to exceed |
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$1,000 if the person: |
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(1) places or attaches such transparent material to |
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the windshield or side or rear window of a motor vehicle; and |
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(2) does not install a label that complies with |
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Section 547.609 between the transparent material and the windshield |
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or side or rear window of the vehicle, as applicable. |
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(b) Subsection (a) [This section] does not apply to: |
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(1) a windshield that has a sunscreening device that: |
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(A) in combination with the windshield has a |
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light transmission of 25 percent or more; |
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(B) in combination with the windshield has a |
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luminous reflectance of 25 percent or less; |
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(C) is not red, blue, or amber; and |
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(D) does not extend downward beyond the AS-1 line |
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or more than five inches from the top of the windshield, whichever |
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is closer to the top of the windshield; |
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(2) a wing vent or a window that is to the left or right |
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of the vehicle operator [other than a windshield] if the vent or |
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window has a sunscreening device that in combination with the vent |
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or window has: |
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(A) a light transmission of 25 percent or more; |
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and |
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(B) a luminous reflectance of 25 percent or less; |
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(2-a) a side window that is to the rear of the vehicle |
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operator; |
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(3) a rear window, if the motor vehicle is equipped |
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with an outside mirror on each side of the vehicle that reflects to |
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the vehicle operator a view of the highway for a distance of at |
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least 200 feet from the rear; |
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(4) a rearview mirror; |
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(5) an adjustable nontransparent sun visor that is |
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mounted in front of a side window and not attached to the glass; |
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(6) a direction, destination, or termination sign on a |
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passenger common carrier motor vehicle, if the sign does not |
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interfere with the vehicle operator's view of approaching traffic; |
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(7) a rear window wiper motor; |
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(8) a rear trunk lid handle or hinge; |
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(9) a luggage rack attached to the rear trunk; |
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(10) a side window that is to the rear of the vehicle |
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operator on a multipurpose vehicle; |
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(11) a window that has a United States, state, or local |
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certificate placed on or attached to it as required by law; |
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(12) a motor vehicle that is not registered in this |
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state; |
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(13) a window that complies with federal standards for |
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window materials, including a factory-tinted or a pretinted window |
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installed by the vehicle manufacturer, or a replacement window |
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meeting the specifications required by the vehicle manufacturer; |
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(14) a vehicle that is: |
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(A) used regularly to transport passengers for a |
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fee; and |
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(B) authorized to operate under license or permit |
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by a local authority; |
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(15) a vehicle that is maintained by a law enforcement |
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agency and used for law enforcement purposes; or |
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(16) a commercial motor vehicle as defined by Section |
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644.001. |
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(e) It is a defense to prosecution under Subsection (a) |
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[this section] that the defendant or a passenger in the vehicle at |
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the time of the violation is required for a medical reason to be |
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shielded from direct rays of the sun. |
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SECTION 3. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For purposes of this section, an offense was committed before |
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the effective date of this Act if any element of the offense |
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occurred before that date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 589 passed the Senate on |
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March 19, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 589 passed the House, with |
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amendment, on May 27, 2009, by the following vote: Yeas 148, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |