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.