TEXAS LEGISLATIVE ALERT

Senate Bill 589

To: Texas Manufacturers, Distributors, and Installers

From: Lynwood Butner, Legislative Consultant

Date: April 19, 2010

Subject: Senate Bill 589 (House Bill 4523)

The Legislative Alert dated December 11, 2009, provided updated information to members relative to the implementation of Senate Bill 589 which became effective on September 1, 2009. It was noted that the actual language of the legislation did not seem to represent the original intent of the legislative leadership, and it was suggested that members carefully consider retaining the 25 percent standard to avoid installing products that may have been considered illegal in the future.

There have been no legislative initiatives to amend the adopted language during the 2010 Legislature; and the adopted language, Senate Bill 589, which is now the law, has been published as the regulatory standard on the Department of Public Safety Inspection website (http://www.txdps.state.tx.us/vi/Misc/faq/tint.htm).

The specific language contained in the regulation for rear side and a rear window is as follows: Side Windows to the Rear of the Driver
(Revised September 1, 2009)
These windows are completely exempted from regulation under the Texas Transportation Code. Reference Legislation: Senate Bill 589.

Rear Window
A sunscreening device can be applied to the rear window of the vehicle if the following conditions are met.If a motor vehicle is equipped with an outside mirror on each side of the vehicle that reflects to the vehicle operator a view of the roadway for a distance of at least 200 feet from the rear of the vehicle then there are no restrictions regarding the sunscreening devices applied to the rear window.

If a motor vehicle is not equipped with such mirrors then the rear window must meet the following standards: Sunscreening devices, when measured in combination with the original glass, must have a light transmittance value of 25% or more. Sunscreening devices, when measured in combination with the original glass, must have a luminous reflectance value of 25% or less.

All members should fully comply with the adopted standards unless changes are made during the current legislative session at which time members will be advised.

LEGISLATIVE ALERT

TEXAS

To: Texas Manufacturers, Distributors, and Installers

From: Darrell Smith, Executive Director

Lynwood Butner, Legislative Consultant

Date: December 11, 2009

Subject: Senate Bill 589 (House Bill 4523)

Previous Alerts have advised members of the advancement of Senate Bill 589 and House Bill 4523 through the legislative and implementation processes. The legislation became effective on September 1, 2009, and essentially established labeling and penalty provisions.

It is important to note that industry efforts relative to the visible light transmittance (vlt) standards provided the opportunity to work closely with the legislative leadership and the Department of Public Safety (DPS) in retaining the same standards which had worked well in the past but required enhanced penalty and labeling provisions. This being accomplished, it is our belief that the intent of the legislature was not to modify in any manner the 25 percent vlt regulation. At some point during the last days of the 2009 Legislature, language was added that seems to indicate that the windows behind the driver are exempt from the statutory limits and that any film would be allowed. The Legislative Consultant and members of the industry who worked closely with the patrons of the legislation and DPS are confident it was not the intent of the Legislature to allow darker film on the rear windows than that which was allowed prior to adoption of Senate Bill 589.

It is very possible that the current language that allows for this exemption will be amended during the 2010 legislative session to clarify the statutory language and retain the 25 percent vlt standard that was in place prior to September 1, 2009. It is strongly suggested that members continue to install film in accordance with the 25 percent limits to avoid installing products that may be illegal in the near future.

The labeling provisions also are being modified in a manner that is more effective for our members and the enforcement community. In the Legislative Alert dated August 28, 2009, information was provided that the label “should be located on the driver’s side window in the lower rearward corner”. We are confident that the new regulations in Chapter 21 of the Texas Transportation Code will require labels on every window to which a sun-screening device is applied.

It is also important to note that DPS has not finalized the standard for required information on the label, but it is recommended that the industry migrate to preparing labels that have the business name and, as previously required, a statement that indicates the film complies with TTC 547.613 (b). The label would be placed on each window on which film is applied and have the following information:n:

Joe’s Tint Shop

Complies with TTC 547.613 (b)

The Department of Public Safety has partnered with industry and has been exceptionally helpful in working through this process to ensure the benefits and requirements of the new law are effective for the law enforcement community and industry.

Future Alerts will provide updates on the rear window standards as we more clearly define legislative intent for the vlt standard.

LEGISLATIVE ALERT

TEXAS

To: Texas Manufacturers, Distributors, and Installers

From: Darrell Smith, Executive Director

Lynwood Butner, Legislative Consultant

Date: August 28, 2009

Subject: Senate Bill 589 (House Bill 4523)

Previous Alerts in March and July advised members of the legislation as signed into law and becoming effective on September 1, 2009.

There have been a number of calls regarding the proper placement of labels and the information that should be provided on the label. We have been working with the very helpful Department of Public Safety staff and are providing the following information for our members.

The label should be located on the “driver’s side window in the lower rearward corner.” The language contained in Section 547.609 A (3) and (4) can be interpreted to require that labels be installed on all windows, but the current policy for the labeling regulations only identifies the driver’s side window for compliance with the law. This policy will be re-evaluated, and there could be modifications in the future that would change the current regulation to specify a label in all windows where film was installed.

The new law requires that language indicating full compliance with the law be included on the label. This language should read:

Complies with TTC 547.613 (b)

As an example, the label should include the following information:

Solar Gard

Window Films

Complies with TTC 547.613 (b)

Bekaert Specialty Films, LLC

Many of our members, in order to meet the September 1 deadline, printed labels which referenced SEC. 547.613 (b) in order to be able to distribute the new labels in time for the law change. The IWFA received tentative approval for this from the Texas Department of Public Safety. However, officials have indicated in the last several days that since TTC is more accurate, in the future, new labels should be printed using this uniform and correct terminology. In the meantime, members may use those already printed with the reference to SEC.547.613 (b) instead of TTC.

LEGISLATIVE ALERT

TEXAS

SENATE BILL 589

To: Texas Manufacturers, Distributors, and Installers

From: Darrell Smith, Executive Director

Lynwood Butner, Legislative Consultant

Date: July 1, 2009

Subject: Senate Bill 589 (House Bill 4523)



Previous Alerts in March advised members of legislation (Senate Bill 589 and House Bill 4523) that had significant impact on our members, customers, and enforcement community. As a result of coordinated input and active participation of the window film industry, the legislation was successfully amended to address the major concern relative to the increase i in the visible light transmittance (vlt) standard from the current 25 percent to 35 percent. The amendment that was adopted by both houses and signed into law retained the current 25 percent vlt. The legislation was amended in the House by Representative Phillips and approved in the Senate with the support of Senator Carona. The legislation passed both the House and the Senate and was signed into law by the Governor on June 19, 2009. The law will become effective on September 1, 2009.

The law will expand the labeling provisions and require that the label indicate that sun screening material has been installed in compliance with the state s standards for tinting. The new standards also will increase the statutory penalty provisions to state “a person in the business of installing or attaching transparent material to a windshield, side, or rear window who alters the color or reduces the light transmission commits a misdemeanor punishable be a fine not to exceed $1,000 if the person places such material on the window and fails to install the required label”. The new law can be reviewed at the following site:

http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB589

THE EXACT WORDING OF THE BILL SAYS THE FINE APPLIES IF A PERSON

"(1) places or attaches such transparent material to the windshield or side or rear window of a motor vehicle; and

(2) does not install a label that complies with Section 547.609 between the transparent material and the windshield or side or rear window of the vehicle, as applicable."

The legislation in its original form had passed the Senate without opposition prior to industry involvement. It was through the support and leadership of our members and the willingness of Senator Carona and Representative Phillips to support the business community and be receptive to information provided by our members that the legislation was amended and passed in the version signed by the Governor. All members should recognize and support the efforts of Senator Carona and Representative Phillips. It is imperative that our industry complies with and supports the new regulations relative to labeling and the standards established by law.



A final caution should be noted for any future interactions with elected and regulatory officials: It is extremely important that feedback to elected and regulatory officials be made with respect and in a professional manner. Even in instances where proposed changes to laws would be negative to the industry and individual businesses, the input from our members must be handled in a manner that is not abusive or profane. Inappropriate feedback only jeopardizes our position and requires time to be spent overcoming negative impressions of our industry. Automotive window film is a great product that provides real benefits to our customers which can be demonstrated in a positive manner.

LEGISLATIVE ALERT

TEXAS SENATE BILL 589

To: Texas Manufacturers, Distributors, and Installers

From: Lynwood Butner, Legislative Consultant

Date: March 31, 2009

Subject: Senate Bill 589



Senator John Carona, Chairman of the Committee on Transportation, introduced Senate Bill 589 for consideration during the 2009 Legislative Session which increases the amount of visible light transmission from 25 percent to 35 percent. He and Representative Larry Phillips (Vice-Chairman of the House Transportation Committee) have now convinced the legislature to retain the 25% VLT on the front windows. Senator Carona and Represen- tative Phillips have worked well with IWFA and our legislative consultant.

They are requesting that you stop calling and e-mailing their offices at this time. Please write a letter of appreciation for all their efforts.

Address: Capitol, P.O. Box 291, Austin, Texas 78768-2910

Additional information will follow as soon as we receive more information.

LEGISLATIVE ALERT

TEXAS SENATE BILL 589

To: Texas Manufacturers, Distributors, and Installers

From: Lynwood Butner, Legislative Consultant

Darrell Smith, Executive Director

Date: March 23, 2009

Subject: Senate Bill 589

Senator John Carona, a Dallas County Republican, introduced Senate Bill 589 for consideration during the 2009 Legislative Session which increases the amount of visible light transmission from 25 percent to 35 percent. The legislation, as proposed, would also expand the labeling provisions to require that the label indicate the sun screening material has been installed in compliance with the state standards for tinting. The final change proposed is that “a person in the business of installing or attaching transparent material to a windshield, side, or rear window who alters the color or reduces the light transmission commits a misdemeanor punishable by a fine not to exceed $1, $1,000 if the person places such material on the windows or fails to install the required label.”

Senator Carona is Chairman of the Committee on Transportation, and Senate Bill 589 has advanced rapidly through the Committee and has passed the Senate with no dissenting votes. This legislation may be an agency bill (State Police) or the result of recent events in Dallas that may have prompted the local enforcement community to seek these changes to the current law. There is a companion bill in the House, House Bill 4523, which is sponsored by Representative Phillips. This legislation was filed on March 13, 2009, and is drafted to conform to Senate Bill 589. Representa- tive Phillips is from Sherman and is Vice-Chairman of the House Transpor- tation Committee.

With the additional penalty provisions, more stringent labeling requirements, and the reduction in visible light transmittance, there should be a reasonable tolerance provided to make sure that differences in meter accuracy do not result in violations of the law for our members or the consumers/customers.

The proposed legislation, if successful in the House, is scheduled to become effective September 1, 2009.

Comments on the proposed legislation should be directed to local Senate and House representatives. Contact information is available at the following site:

http://www.legis.state.tx.us/