HB 5038

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;
(B)  a luminous reflectance of 25 percent or less;
(2-a)  a side window that is to the rear of the vehicle
(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
(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
(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
(B)  authorized to operate under license or permit
(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
(e)  It is a defense to prosecution under Subsection (a) that
[the defendant or a passenger in the vehicle] at the time of the
(1)  the defendant or a passenger in the vehicle is
required for a medical reason to be shielded from direct rays of the
(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,
(A)  identifies with reasonable specificity the
(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
SECTION 3.  This Act takes effect September 1, 2025.