(a) Except as provided by Subsection (b), a person commits an offense that is a misdemeanor:
(1) if the person operates a motor vehicle that has an object or material that is placed on or attached to the windshield or side or rear window and that obstructs or reduces the operator's clear view; or
(2) if a person, including an installer or manufacturer, places on or attaches to the windshield or side or rear window of a motor vehicle a transparent material that alters the color or reduces the light transmission.
(a-1) A person in the business of placing or attaching transparent material that alters the color or reduces the light transmission to the windshield or side or rear window of a motor vehicle commits a misdemeanor punishable by a fine not to exceed $1,000 if the 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.
(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 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 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 .
(c) A manufacturer shall certify to the department that the sunscreening device made or assembled by the manufacturer complies with the light transmission and luminous reflectance specifications established by Subsection (b) for sunscreening devices in combination with a window.
(d) The department may determine that a window that has a sunscreening device is exempt under Subsection (b)(2) if the light transmission or luminous reflectance varies by no more than three percent from the standard established in that subsection.
(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 is required for a medical reason to be shielded from direct rays of the sun.
(f) It is not an offense under this section for a person to offer for sale or sell a motor vehicle with a windshield or window that does not comply with this section.
(g) In this section:
(1) “Installer” means a person who fabricates, laminates, or tempers a safety glazing material to incorporate, during the installation process, the capacity to reflect light or reduce light transmission.
(2) “Manufacturer” means a person who:
(A) manufactures or assembles a sunscreening device; or
(B) fabricates, laminates, or tempers safety glazing material to incorporate, during the manufacturing process, the capacity to reflect light or reduce light transmission.
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