89R16238 GP-D     By: Louderback H.B. No. 5038       A BILL TO BE ENTITLED   AN ACT   relating to motor vehicle windshield sunscreening devices.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 547.613, Transportation Code, is amended   by amending Subsections (b) and (e) to read as follows:          (b)  Subsection (a) does not apply to:                (1)  a windshield that has a sunscreening device that:                      (A)  in combination with the windshield has a   light transmission of 25 percent or more;                      (B)  in combination with the windshield has a   luminous reflectance of 25 percent or less;                      (C)  is not red, blue, or amber; and                      (D)  does not extend downward beyond the AS-1 line   or more than five inches from the top of the windshield, whichever   is closer to the top of the windshield;                (2)  a wing vent or a window that is to the left or right   of the vehicle operator if the vent or window has a sunscreening   device that in combination with the vent or window has:                      (A)  a light transmission of 25 percent or more;   and                      (B)  a luminous reflectance of 25 percent or less;                (2-a)  a side window that is to the rear of the vehicle   operator;                (3)  a rear window, if the motor vehicle is equipped   with an outside mirror on each side of the vehicle that reflects to   the vehicle operator a view of the highway for a distance of at   least 200 feet from the rear;                (4)  a rearview mirror;                (5)  an adjustable nontransparent sun visor that is   mounted in front of a side window and not attached to the glass;                (6)  a direction, destination, or termination sign on a   passenger common carrier motor vehicle, if the sign does not   interfere with the vehicle operator's view of approaching traffic;                (7)  a rear window wiper motor;                (8)  a rear trunk lid handle or hinge;                (9)  a luggage rack attached to the rear trunk;                (10)  a side window that is to the rear of the vehicle   operator on a multipurpose vehicle;                (11)  a window that has a United States, state, or local   certificate placed on or attached to it as required by law;                (12)  a rear or side window of a motor vehicle that is   not registered in this state;                (13)  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;                (14)  a rear or side window of a vehicle that is:                      (A)  used regularly to transport passengers for a   fee; and                      (B)  authorized to operate under license or permit   by a local authority;                (15)  a vehicle that is maintained by a law enforcement   agency and used for law enforcement purposes; or                (16)  a commercial motor vehicle as defined by Section   644.001.          (e)  It is a defense to prosecution under Subsection (a) that   [the defendant or a passenger in the vehicle] at the time of the   violation:                (1)  the defendant or a passenger in the vehicle is   required for a medical reason to be shielded from direct rays of the   sun;                (2)  the defendant or passenger possesses a signed   statement from a physician, as defined by Section 151.002,   Occupations Code, or an optometrist, as defined by Section 351.002,   Occupations Code, that:                      (A)  identifies with reasonable specificity the   defendant or passenger; and                      (B)  states that, in the physician's or   optometrist's professional opinion, the equipping of the vehicle   with a sunscreening device is necessary to safeguard the health of   the defendant or passenger; and                (3)  any part of the sunscreening device applied to the   windshield below the AS-1 line does not alter the color or reduce   light transmission by more than five percent.          SECTION 2.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense was   committed before that date.          SECTION 3.  This Act takes effect September 1, 2025.