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Proposed Texas tint law


TintDude

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TintJunkie asked me to post this...

As of March 23, 2009, it was brought to our attention that the Texas Senate passed a bill (S B 589) that in effect would limit tinting the side windows of vehicles from a total of 25% visible light transmission to 35%. A bill has been authored by Larry Phillips in the House of Representatives H. B. 4523 that would do the same thing.

What this means to the end consumer (you and I) is that no longer will it be allowed to apply a 35% VLT film on the side windows of your vehicles. It would have to change to a 50% VLT film to meet the new requirements. The current law states that after the film is applied it can not read below 25% VLT on all side doors with a reflectance of no more than 25%, this law is fair and equitable. The problem is the !llegal use of 20% film or lower applied to side window and not the legal use of 35%.

Most of us enjoy the comfort and privacy the 35% VLT film has as well as the benefits it provides. Those benefits being the reduction of heat, glare and UV rays along with the fact that the film also makes our vehicles more efficient by having to use less A/C. If this bill is passed to law, these benefits will be greatly reduced. We are very much in favor of stricter enforcement of the current law but the change, as proposed will have a major economic impact on the State of Texas and not allow its citizens the privacy and comfort we currently have.

With crime on the rise I for one do not want the criminals to be able to see clearly if I am alone in the vehicle or that I may have something of value on back seat or floor board. Nor do I wish to give up the comfort of the already legal film applied to my vehicle. I’m sure most of you will agree that you do not wish for these thugs to know that your wife, girlfriend, daughter, or son is traveling alone to the local mall or other facility.

I am asking that each of you please forward this to as many people as you can in our great State and let them know this is going on. If you are compelled (and I hope you are) to contact your local Representative about this matter and voice opinion I will be more than happy to get your Representatives name and number for you to do so.

Thank each of you very much for your time in this matter. Together we can make a difference!

Jay Moore

Senior Sales Consultant

Enpro Distributing Inc.

Office 1800-443-6776

Cell 832-347-2691

www.enprodistributing.com

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Here's the bill:

By:AAPhillips

H.B.ANo.A4523

A BILL TO BE ENTITLED

1

AN ACT

2

relating to certain requirements for sunscreening devices that are

3

placed on or attached to a motor vehicle; providing a penalty.

4

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

5

SECTIONA1.AASection 547.609, Transportation Code, is amended

6

to read as follows:

7

Sec.A547.609.AAREQUIRED

LABEL

FORAASUNSCREENING

DEVICES

8

[PERMITTED].A A sunscreening device must have a label that:

9

(1)AAis legible;

10

(2)AAcontains information required by the department on

11

light transmission and luminous reflectance of the device; [and]

12

(3)AAif

the

device

is

placed

on

or

attached

to

a

13

windshield

or

a

side

or

rear

window,

states

that

the

light

14

transmission of the device is consistent with Section 547.613(b)(1)

15

or (2), as applicable; and

16

(4)AAis permanently installed between the material and

17

the surface to which the material is applied.

18

SECTIONA2.AASection 547.613, Transportation Code, is amended

19

by adding Subsection (a-1) and amending Subsections (b) and (e) to

20

read as follows:

21

(a-1)AAA

person

in

the

business

of

placing

or

attaching

22

transparent material that alters the color or reduces the light

23

transmission to the windshield or side or rear window of a motor

24

vehicle commits a misdemeanor punishable by a fine not to exceed

81R5783 JD-D

1

H.B.ANo.A4523

1

$1,000 if the person:

2

(1)AAplaces or attaches such transparent material to

3

the windshield or side or rear window of a motor vehicle; and

4

(2)AAdoes

not

install

a

label

that

complies

with

5

Section 547.609 between the transparent material and the windshield

6

or side or rear window of the vehicle, as applicable.

7

(b)AASubsection (a)A[This section] does not apply to:

8

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

9

(A)AAin

combination

with

the

windshield

has

a

10

light transmission of 35 [25] percent or more;

11

(B)AAin

combination

with

the

windshield

has

a

12

luminous reflectance of 25 percent or less;

13

©AAis not red, blue, or amber; and

14

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

15

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

16

is closer to the top of the windshield;

17

(2)AAa wing vent or a window other than a windshield if

18

the vent or window has a sunscreening device that in combination

19

with the vent or window has:

20

(A)AAa light transmission of 35 [25] percent or

21

more; and

22

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

23

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

24

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

25

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

26

least 200 feet from the rear;

27

(4)AAa rearview mirror;

2

H.B.ANo.A4523

1

(5)AAan

adjustable

nontransparent

sun

visor

that

is

2

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

3

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

4

passenger

common

carrier

motor

vehicle,

if

the

sign

does

not

5

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

6

(7)AAa rear window wiper motor;

7

(8)AAa rear trunk lid handle or hinge;

8

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

9

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

10

operator on a multipurpose vehicle;

11

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

12

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

13

(12)AAa motor vehicle that is not registered in this

14

state;

15

(13)AAa window that complies with federal standards for

16

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

17

installed by the vehicle manufacturer, or a replacement window

18

meeting the specifications required by the vehicle manufacturer;

19

(14)AAa vehicle that is:

20

(A)AAused regularly to transport passengers for a

21

fee; and

22

(B)AAauthorized to operate under license or permit

23

by a local authority;

24

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

25

agency and used for law enforcement purposes; or

26

(16)AAa commercial motor vehicle as defined by Section

27

644.001.

3

H.B.ANo.A4523

1

(e)AAIt is a defense to prosecution under Subsection (a)

2

[this section] that the defendant or a passenger in the vehicle at

3

the time of the violation is required for a medical reason to be

4

shielded from direct rays of the sun.

5

SECTIONA3.AA(a)AAThe change in law made by this Act applies

6

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

7

Act.

For purposes of this section, an offense was committed before

8

the

effective

date

of

this

Act

if

any

element

of

the

offense

9

occurred before that date.

10

(b)AAAn offense committed before the effective date of this

11

Act is covered by the law in effect when the offense was committed,

12

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

13

SECTIONA4.AAThis Act takes effect September 1, 2009.

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In Texas, the current law is 25%VLT, but the inspection requirement is no less than 20%VLT. AND, any vehicle pre 1988, window screening is not inspectable...but it is enforceable. This is what will happen if this is passed. The Texas state inspection restrictions will stay the same at 20%vlt, but the new law will be 35%vlt. What will/is happening, is people are getting inspection stickers with !llegal window film installed (according to the law). The law does not coincide with inspections. It would make more sense to change the inspection restrictions, rather than change a law. Same thing with front license plates. You dont have to have one to pass inspection, but Texas law requires a front plate. DUMB!!!

BTW, I am a current Texas vehicle inspector, OBDII & ASM certified.

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Why would the senate want to change the existing laws??? Oh wait I know why, because our worthless government is crumbling.

So what is their solution??? Issue tons of tickets, then when people pay to have their tint removed and reapplied they get to tax it??

Sounds like the government is really a company out to make $$$ for worthless politicians not to protect anyone!

:beer

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Guest Djkyle65

Who do we contact and how can we stop this?

Honestly I feel that the lone star state is losing what it use to be and turning into the same corrupt tax crazy politicians like the rest of the world. Im deeply saddened by this bill and already feel that 30% tint is barely enough when it comes the extreme heat in the lone star state.

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Larry Phillips Send an email

Larry Phillips is the Author of the bill.

District: 62

Capitol Office: EXT E2.604

Capitol Address: P.O. Box 2910

Austin, TX 78768

Capitol Phone: (512) 463-0297

District Address: 421 North Crockett

Sherman, TX 75090

District Phone: (903) 891-7297

The way I read the bill, it's sole purpose is to impose a penalty / fine on the actuall installer, for one; not placing a VLT sticker, and two; for tinting the 2 front windows darker then legal, and three; for placing an !llegal windshield strip on the vehicle.

I am concerned that the change from 25% net to 35% net is an error and needs to be corrected.

The bill is only in the very first stage, if we act fast we may be able to stop it and /or correct it. I am going to find an online petition site.... give me a minute!

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Senator John J. Carona

District 16

Legislative Experience: House Member, 1990 - 1996; Senate Member, 1996 - present

Wrote and proposed Senate Bill Number 589.

8 votes yea, 0 votes nay!

He filed the bill on january 29, 2009

Synopsis:

He basically has changed our laws so that the new VLT% is now 35% net. The luminous reflectance of 25 percent or less. How nice of him to make sure that the VLT% does NOT apply to the following:

1. a window that has a United States, state, or local certificate placed on or attached to it as required by law

2. a motor vehicle that is not registered in this state

3. 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

4. a vehicle used regularly to transport passengers for a fee

5. a vehicle that is maintained by a law enforcement agency and used for law enforcement purposes

6. a commercial motor vehicle as defined by Section 644.001

If anyone installs the "!llegal" window tint they are subject to a $1000 fine, that includes not installing the label between tint and the glass!

Here are two of his addresses/numbers:

(go ahead tell him what you think and that you know how to vote)

8080 N. Central Expy.

Suite 1440, LB 44

Dallas, TX 75206

(214) 378-5751

FAX: (214) 378-5739

The Honorable John Carona

P.O. Box 12068

Capitol Station

Austin, Texas 78711

(512) 463-0116

Fax: (512) 463-3135

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Here is a must have list...dont let this happen!!!!!!!!!!!!!!!!!!!

Texas House of Representatives

81st Legislature 2008-2009

Transportation committee members

William (Bill) Callegari (Houston) District 132

Ph# 281-578-8484

Fax 512.463.7820

E-mail distict132@house.state.tx.us

Yvonne Davis (Dallas) District 111

Ph# 214-941-3895

Fax 512.463.2297

E- mail Yvonne.davis@house.state.tx.us

Jim Dunnam (Waco) District 57

Ph# 254-753-8546

Fax 512.463.5934

E-mail

Ryan Guillen (Rio Grande City) District 31

Ph# 956-716-4838

Fax 512.463.1012

E- mail

Linda Harper-Brown (Irving) District 105

Ph# 972-401-8825

Fax 512.463.0044

E-mail

Tommy Merritt (Longview) District 7

Ph# 903-238-9100 and 903-2363721

Fax 512.463.9085

E-mail tommy.merritt@house.state.tx.us

Larry Phillips (Sherman) District 62

Ph# 903-891-7297

Fax 512.463.1561

Fax #2 903.870.0066

E- mail larry.phillips@house.tx.us

Joe Pickett (El Paso) District 79

Ph# 915-5904349

Fax 512.463.6504

E-mail joe.pickett@house.state.tx.us

Todd Smith (Bedford) district 92

Ph# 817-283-3131

Fax 512.463.9529

E-mail todd.smith@house.state.tx.us

Wayne Smith (Baytown) District 128

Ph# 832-556-2002

Fax 512.463.1323

E- mail

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Hopefully this lights a fire...keep reading

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 $1,000 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. Representative Phillips is from Sherman and is Vice-Chairman of the House Transportation 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.

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