| 1 | 1 | | 88R10027 JRR-F |
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| 2 | 2 | | By: Guillen H.B. No. 4121 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to motor vehicle windshield sunscreening devices. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 547.613(b), Transportation Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (b) Subsection (a) does not apply to: |
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| 12 | 12 | | (1) a windshield that has a sunscreening device that: |
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| 13 | 13 | | (A) in combination with the windshield has a |
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| 14 | 14 | | light transmission of 25 percent or more; |
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| 15 | 15 | | (B) in combination with the windshield has a |
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| 16 | 16 | | luminous reflectance of 25 percent or less; |
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| 17 | 17 | | (C) is not red, blue, or amber; and |
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| 18 | 18 | | (D) does not extend downward beyond the AS-1 line |
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| 19 | 19 | | or, if the windshield does not have an AS-1 line, more than five |
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| 20 | 20 | | inches from the top of the windshield[, whichever is closer to the |
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| 21 | 21 | | top of the windshield]; |
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| 22 | 22 | | (2) a wing vent or a window that is to the left or right |
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| 23 | 23 | | of the vehicle operator if the vent or window has a sunscreening |
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| 24 | 24 | | device that in combination with the vent or window has: |
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| 25 | 25 | | (A) a light transmission of 25 percent or more; |
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| 26 | 26 | | and |
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| 27 | 27 | | (B) a luminous reflectance of 25 percent or less; |
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| 28 | 28 | | (2-a) a side window that is to the rear of the vehicle |
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| 29 | 29 | | operator; |
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| 30 | 30 | | (3) a rear window, if the motor vehicle is equipped |
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| 31 | 31 | | with an outside mirror on each side of the vehicle that reflects to |
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| 32 | 32 | | the vehicle operator a view of the highway for a distance of at |
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| 33 | 33 | | least 200 feet from the rear; |
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| 34 | 34 | | (4) a rearview mirror; |
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| 35 | 35 | | (5) an adjustable nontransparent sun visor that is |
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| 36 | 36 | | mounted in front of a side window and not attached to the glass; |
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| 37 | 37 | | (6) a direction, destination, or termination sign on a |
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| 38 | 38 | | passenger common carrier motor vehicle, if the sign does not |
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| 39 | 39 | | interfere with the vehicle operator's view of approaching traffic; |
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| 40 | 40 | | (7) a rear window wiper motor; |
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| 41 | 41 | | (8) a rear trunk lid handle or hinge; |
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| 42 | 42 | | (9) a luggage rack attached to the rear trunk; |
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| 43 | 43 | | (10) a side window that is to the rear of the vehicle |
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| 44 | 44 | | operator on a multipurpose vehicle; |
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| 45 | 45 | | (11) a window that has a United States, state, or local |
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| 46 | 46 | | certificate placed on or attached to it as required by law; |
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| 47 | 47 | | (12) a motor vehicle that is not registered in this |
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| 48 | 48 | | state; |
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| 49 | 49 | | (13) a window that complies with federal standards for |
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| 50 | 50 | | window materials, including a factory-tinted or a pretinted window |
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| 51 | 51 | | installed by the vehicle manufacturer, or a replacement window |
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| 52 | 52 | | meeting the specifications required by the vehicle manufacturer; |
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| 53 | 53 | | (14) a vehicle that is: |
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| 54 | 54 | | (A) used regularly to transport passengers for a |
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| 55 | 55 | | fee; and |
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| 56 | 56 | | (B) authorized to operate under license or permit |
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| 57 | 57 | | by a local authority; |
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| 58 | 58 | | (15) a vehicle that is maintained by a law enforcement |
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| 59 | 59 | | agency and used for law enforcement purposes; or |
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| 60 | 60 | | (16) a commercial motor vehicle as defined by Section |
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| 61 | 61 | | 644.001. |
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| 62 | 62 | | SECTION 2. The change in law made by this Act applies only |
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| 63 | 63 | | to an offense committed on or after the effective date of this Act. |
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| 64 | 64 | | An offense committed before the effective date of this Act is |
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| 65 | 65 | | governed by the law in effect on the date the offense was committed, |
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| 66 | 66 | | and the former law is continued in effect for that purpose. For |
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| 67 | 67 | | purposes of this section, an offense was committed before the |
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| 68 | 68 | | effective date of this Act if any element of the offense was |
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| 69 | 69 | | committed before that date. |
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| 70 | 70 | | SECTION 3. This Act takes effect September 1, 2023. |
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