Texas 2009 - 81st Regular

Texas House Bill HB4523 Compare Versions

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Old	New	Differences
1	1	81R21110 JD-D
2	2	By: Phillips H.B. No. 4523
3	3	Substitute the following for H.B. No. 4523:
4	4	By: Pickett C.S.H.B. No. 4523
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain requirements for sunscreening devices that are
10	10	placed on or attached to a motor vehicle; providing a penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 547.609, Transportation Code, is amended
13	13	to read as follows:
14	14	Sec. 547.609. REQUIRED LABEL FOR SUNSCREENING DEVICES
15	15	[PERMITTED]. A sunscreening device must have a label that:
16	16	(1) is legible;
17	17	(2) contains information required by the department on
18	18	light transmission and luminous reflectance of the device; [and]
19	19	(3) if the device is placed on or attached to a
20	20	windshield or a side or rear window, states that the light
21	21	transmission of the device is consistent with Section 547.613(b)(1)
22	22	or (2), as applicable; and
23	23	(4) is permanently installed between the material and
24	24	the surface to which the material is applied.
25	25	SECTION 2. Section 547.613, Transportation Code, is amended
26	26	by adding Subsection (a-1) and amending Subsections (b) and (e) to
27	27	read as follows:
28	28	(a-1) A person in the business of placing or attaching
29	29	transparent material that alters the color or reduces the light
30	30	transmission to the windshield or side or rear window of a motor
31	31	vehicle commits a misdemeanor punishable by a fine not to exceed
32	32	$1,000 if the person:
33	33	(1) places or attaches such transparent material to
34	34	the windshield or side or rear window of a motor vehicle; and
35	35	(2) does not install a label that complies with
36	36	Section 547.609 between the transparent material and the windshield
37	37	or side or rear window of the vehicle, as applicable.
38	38	(b) Subsection (a) [This section] does not apply to:
39	39	(1) a windshield that has a sunscreening device that:
40	40	(A) in combination with the windshield has a
41	41	light transmission of 25 percent or more;
42	42	(B) in combination with the windshield has a
43	43	luminous reflectance of 25 percent or less;
44	44	(C) is not red, blue, or amber; and
45	45	(D) does not extend downward beyond the AS-1 line
46	46	or more than five inches from the top of the windshield, whichever
47	47	is closer to the top of the windshield;
48	48	(2) a wing vent or a window other than a windshield if
49	49	the vent or window has a sunscreening device that in combination
50	50	with the vent or window has:
51	51	(A) a light transmission of 25 percent or more;
52	52	and
53	53	(B) a luminous reflectance of 25 percent or less;
54	54	(3) a rear window, if the motor vehicle is equipped
55	55	with an outside mirror on each side of the vehicle that reflects to
56	56	the vehicle operator a view of the highway for a distance of at
57	57	least 200 feet from the rear;
58	58	(4) a rearview mirror;
59	59	(5) an adjustable nontransparent sun visor that is
60	60	mounted in front of a side window and not attached to the glass;
61	61	(6) a direction, destination, or termination sign on a
62	62	passenger common carrier motor vehicle, if the sign does not
63	63	interfere with the vehicle operator's view of approaching traffic;
64	64	(7) a rear window wiper motor;
65	65	(8) a rear trunk lid handle or hinge;
66	66	(9) a luggage rack attached to the rear trunk;
67	67	(10) a side window that is to the rear of the vehicle
68	68	operator on a multipurpose vehicle;
69	69	(11) a window that has a United States, state, or local
70	70	certificate placed on or attached to it as required by law;
71	71	(12) a motor vehicle that is not registered in this
72	72	state;
73	73	(13) a window that complies with federal standards for
74	74	window materials, including a factory-tinted or a pretinted window
75	75	installed by the vehicle manufacturer, or a replacement window
76	76	meeting the specifications required by the vehicle manufacturer;
77	77	(14) a vehicle that is:
78	78	(A) used regularly to transport passengers for a
79	79	fee; and
80	80	(B) authorized to operate under license or permit
81	81	by a local authority;
82	82	(15) a vehicle that is maintained by a law enforcement
83	83	agency and used for law enforcement purposes; or
84	84	(16) a commercial motor vehicle as defined by Section
85	85	644.001.
86	86	(e) It is a defense to prosecution under Subsection (a)
87	87	[this section] that the defendant or a passenger in the vehicle at
88	88	the time of the violation is required for a medical reason to be
89	89	shielded from direct rays of the sun.
90	90	SECTION 3. (a) The change in law made by this Act applies
91	91	only to an offense committed on or after the effective date of this
92	92	Act. For purposes of this section, an offense was committed before
93	93	the effective date of this Act if any element of the offense
94	94	occurred before that date.
95	95	(b) An offense committed before the effective date of this
96	96	Act is covered by the law in effect when the offense was committed,
97	97	and the former law is continued in effect for that purpose.
98	98	SECTION 4. This Act takes effect September 1, 2009.