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.