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.