windshield tint gets spelled out

The text as introduced · 721 words

89R16238 GP-D

By: Louderback
H.B. No. 5038

A BILL TO BE ENTITLED

AN ACT

relating to motor vehicle windshield sunscreening devices.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 547.613, Transportation Code, is amended

by amending Subsections (b) and (e) to read as follows:

(b) Subsection (a) does not apply to:

(1) a windshield that has a sunscreening device that:

(A) in combination with the windshield has a

light transmission of 25 percent or more;

(B) in combination with the windshield has a

luminous reflectance of 25 percent or less;

(C) is not red, blue, or amber; and

(D) does not extend downward beyond the AS-1 line

or more than five inches from the top of the windshield, whichever

is closer to the top of the windshield;

(2) a wing vent or a window that is to the left or right

of the vehicle operator if the vent or window has a sunscreening

device that in combination with the vent or window has:

(A) a light transmission of 25 percent or more;

and

(B) a luminous reflectance of 25 percent or less;

(2-a) a side window that is to the rear of the vehicle

operator;

(3) a rear window, if the motor vehicle is equipped

with an outside mirror on each side of the vehicle that reflects to

the vehicle operator a view of the highway for a distance of at

least 200 feet from the rear;

(4) a rearview mirror;

(5) an adjustable nontransparent sun visor that is

mounted in front of a side window and not attached to the glass;

(6) a direction, destination, or termination sign on a

passenger common carrier motor vehicle, if the sign does not

interfere with the vehicle operator's view of approaching traffic;

(7) a rear window wiper motor;

(8) a rear trunk lid handle or hinge;

(9) a luggage rack attached to the rear trunk;

(10) a side window that is to the rear of the vehicle

operator on a multipurpose vehicle;

(11) a window that has a United States, state, or local

certificate placed on or attached to it as required by law;

(12) a rear or side window of a motor vehicle that is

not registered in this state;

(13) a window that complies with federal standards for

window materials, including a factory-tinted or a pretinted window

installed by the vehicle manufacturer, or a replacement window

meeting the specifications required by the vehicle manufacturer;

(14) a rear or side window of a vehicle that is:

(A) used regularly to transport passengers for a

fee; and

(B) authorized to operate under license or permit

by a local authority;

(15) a vehicle that is maintained by a law enforcement

agency and used for law enforcement purposes; or

(16) a commercial motor vehicle as defined by Section

644.001.

(e) It is a defense to prosecution under Subsection (a) that

[ the defendant or a passenger in the vehicle ] at the time of the

violation :

(1) the defendant or a passenger in the vehicle is

required for a medical reason to be shielded from direct rays of the

sun ;

(2) the defendant or passenger possesses a signed

statement from a physician, as defined by Section 151.002,

Occupations Code, or an optometrist, as defined by Section 351.002,

Occupations Code, that:

(A) identifies with reasonable specificity the

defendant or passenger; and

(B) states that, in the physician's or

optometrist's professional opinion, the equipping of the vehicle

with a sunscreening device is necessary to safeguard the health of

the defendant or passenger; and

(3) any part of the sunscreening device applied to the

windshield below the AS-1 line does not alter the color or reduce

light transmission by more than five percent .

SECTION 2. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense was

committed before that date.

SECTION 3. This Act takes effect September 1, 2025.