Texas 2009 - 81st Regular

Texas Senate Bill SB589 Compare Versions

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1	1	S.B. No. 589
2	2
3	3
4	4	AN ACT
5	5	relating to certain requirements for sunscreening devices that are
6	6	placed on or attached to a motor vehicle; providing a penalty.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 547.609, Transportation Code, is amended
9	9	to read as follows:
10	10	Sec. 547.609. REQUIRED LABEL FOR SUNSCREENING DEVICES
11	11	[PERMITTED]. A sunscreening device must have a label that:
12	12	(1) is legible;
13	13	(2) contains information required by the department on
14	14	light transmission and luminous reflectance of the device; [and]
15	15	(3) if the device is placed on or attached to a
16	16	windshield or a side or rear window, states that the light
17	17	transmission of the device is consistent with Section 547.613(b)(1)
18	18	or (2), as applicable; and
19	19	(4) is permanently installed between the material and
20	20	the surface to which the material is applied.
21	21	SECTION 2. Section 547.613, Transportation Code, is amended
22	22	by adding Subsection (a-1) and amending Subsections (b) and (e) to
23	23	read as follows:
24	24	(a-1) A person in the business of placing or attaching
25	25	transparent material that alters the color or reduces the light
26	26	transmission to the windshield or side or rear window of a motor
27	27	vehicle commits a misdemeanor punishable by a fine not to exceed
28	28	$1,000 if the person:
29	29	(1) places or attaches such transparent material to
30	30	the windshield or side or rear window of a motor vehicle; and
31	31	(2) does not install a label that complies with
32	32	Section 547.609 between the transparent material and the windshield
33	33	or side or rear window of the vehicle, as applicable.
34	34	(b) Subsection (a) [This section] does not apply to:
35	35	(1) a windshield that has a sunscreening device that:
36	36	(A) in combination with the windshield has a
37	37	light transmission of 25 percent or more;
38	38	(B) in combination with the windshield has a
39	39	luminous reflectance of 25 percent or less;
40	40	(C) is not red, blue, or amber; and
41	41	(D) does not extend downward beyond the AS-1 line
42	42	or more than five inches from the top of the windshield, whichever
43	43	is closer to the top of the windshield;
44	44	(2) a wing vent or a window that is to the left or right
45	45	of the vehicle operator [other than a windshield] if the vent or
46	46	window has a sunscreening device that in combination with the vent
47	47	or window has:
48	48	(A) a light transmission of 25 percent or more;
49	49	and
50	50	(B) a luminous reflectance of 25 percent or less;
51	51	(2-a) a side window that is to the rear of the vehicle
52	52	operator;
53	53	(3) a rear window, if the motor vehicle is equipped
54	54	with an outside mirror on each side of the vehicle that reflects to
55	55	the vehicle operator a view of the highway for a distance of at
56	56	least 200 feet from the rear;
57	57	(4) a rearview mirror;
58	58	(5) an adjustable nontransparent sun visor that is
59	59	mounted in front of a side window and not attached to the glass;
60	60	(6) a direction, destination, or termination sign on a
61	61	passenger common carrier motor vehicle, if the sign does not
62	62	interfere with the vehicle operator's view of approaching traffic;
63	63	(7) a rear window wiper motor;
64	64	(8) a rear trunk lid handle or hinge;
65	65	(9) a luggage rack attached to the rear trunk;
66	66	(10) a side window that is to the rear of the vehicle
67	67	operator on a multipurpose vehicle;
68	68	(11) a window that has a United States, state, or local
69	69	certificate placed on or attached to it as required by law;
70	70	(12) a motor vehicle that is not registered in this
71	71	state;
72	72	(13) a window that complies with federal standards for
73	73	window materials, including a factory-tinted or a pretinted window
74	74	installed by the vehicle manufacturer, or a replacement window
75	75	meeting the specifications required by the vehicle manufacturer;
76	76	(14) a vehicle that is:
77	77	(A) used regularly to transport passengers for a
78	78	fee; and
79	79	(B) authorized to operate under license or permit
80	80	by a local authority;
81	81	(15) a vehicle that is maintained by a law enforcement
82	82	agency and used for law enforcement purposes; or
83	83	(16) a commercial motor vehicle as defined by Section
84	84	644.001.
85	85	(e) It is a defense to prosecution under Subsection (a)
86	86	[this section] that the defendant or a passenger in the vehicle at
87	87	the time of the violation is required for a medical reason to be
88	88	shielded from direct rays of the sun.
89	89	SECTION 3. (a) The change in law made by this Act applies
90	90	only to an offense committed on or after the effective date of this
91	91	Act. For purposes of this section, an offense was committed before
92	92	the effective date of this Act if any element of the offense
93	93	occurred before that date.
94	94	(b) An offense committed before the effective date of this
95	95	Act is covered by the law in effect when the offense was committed,
96	96	and the former law is continued in effect for that purpose.
97	97	SECTION 4. This Act takes effect September 1, 2009.
98	98	______________________________ ______________________________
99	99	President of the Senate Speaker of the House
100	100	I hereby certify that S.B. No. 589 passed the Senate on
101	101	March 19, 2009, by the following vote: Yeas 31, Nays 0; and that
102	102	the Senate concurred in House amendment on May 29, 2009, by the
103	103	following vote: Yeas 31, Nays 0.
104	104	______________________________
105	105	Secretary of the Senate
106	106	I hereby certify that S.B. No. 589 passed the House, with
107	107	amendment, on May 27, 2009, by the following vote: Yeas 148,
108	108	Nays 0, one present not voting.
109	109	______________________________
110	110	Chief Clerk of the House
111	111	Approved:
112	112	______________________________
113	113	Date
114	114	______________________________
115	115	Governor