got this from another forum
I am a peace officer in Texas and have been trying to get some information together for the state laws concerning HID retrofits and their legallity. The topic has come up with others before and I did not know the specifics so I did my best to educate myself. So far this is what I have come up with. If there is anything you can add or correct please let me know.
HID Kits are illegal to SELL as DOT approved for steet use due to FEDERAL regualtion and none of the kits that use HID bulbs to replace standard halogen bulbs in a halogen housing should have a DOT seal or marking. DOT does not approve or disapprove headlight components. It is strictly up to the manufacturer to certify that they meet the federal DOT specs, which none of them do since the HID light source is a different position, size, and shape than the halogen filament the housing was designed for. The fact it plugs into a standard housing for H1 or H3 halogen bulbs is not relevant.
That said, there are no longer any headlight aiming requirements for inspection since the 90s in Texas. There are only laws for headlight height and distance they must illuminate (150 ft). They cannot be red in color and they must be functional and condensation free. This makes it perfectly legal to use HIDs that are blinding other motorists on high beam since all HID set ups in halogen reflector housings do this when adjusted to give the driver a good view of the road ahead. They can be as bright as you want, any color temerature as you want, and as blinding as you want ON HIGH BEAM. There are no TEXAS LAWS preventing use if adjusted correctly and only federal laws preventing sale for street use. The only statute that covers aiming states your low beams must illuminate at 150 feet minimum and not project the high intensity portion of the beam into oncoming driver's eyes. This only applies to the low beams.
Driving lights and fog light have no aiming requirements for inspection and are not tested as part of the Texas inspetion process. They have no color or disance requirements but cannot be red in color. This makes HID driving and fog light retrofits also completely legal for inspection purpposes.
Instead of putting HIDs in a halogen reflector housoing, it is much more responsible to do an HID projector retrofit that uses the entire projector assebly and D2S bulbs from an OEM manufacturered HID projector set up so that you do not blind other drivers and have a sharp cut off line at the top of your low beams; however, such kits are 3-4X more expensive than a plug and play kit and require custom installation. The up side is that the D2S bulbs and improved distribution of light can put over twice the usabale light on the road an HID kit that replacs the halogen bulb in a factory housing will project.
Likewise, using propper color temperature bulbs such as 4100-5000K will produce the maximum lumen output. For example, a 6000K bulb only puts out about 2/3 the lumens of a 4300K bulb, all else being equal. The higher the color temperature above 6000K, the lower the lumen output and the more glare the driver will see in foggy/rainy conditions. All OEM factory HID systems will range between 4-5K temperature for this reason.
Under Motor Vehicle Code § 547.3215. USE OF FEDERAL STANDARD. Drivers are required to meet federal standards in 49 CFR Sec 571.108. This makes crrent HID retrofits in Halogen housings NOT meet the beam pattern requirements for replacement lamps. The propper ticket to write is one of the following for those using HIDs in halogen housings.
HEAD LAMP(S) GLARING, NOT ADJUSTED
or
FAIL TO USE PROPPER HEADLIGHT BEAM
Now I do see these particular laws as possibly not allowing the HID retrofit...
§ 547.004. GENERAL OFFENSES. (a) A person commits an
offense that is a misdemeanor if the person operates or moves or, as
an owner, knowingly permits another to operate or move, a vehicle
that:
(1) is unsafe so as to endanger a person;
(2) is not equipped in a manner that complies with the
vehicle equipment standards and requirements established by this
chapter; or
(3) is equipped in a manner prohibited by this
chapter.
COMBINED WITH
§ 547.3215. USE OF FEDERAL STANDARD. Unless specifically
prohibited by this chapter, lighting, reflective devices, and
associated equipment on a vehicle or motor vehicle must comply
with:
(1) the current federal standards in 49 C.F.R. Section
571.108; or
(2) the federal standards in that section in effect,
if any, at the time the vehicle or motor vehicle was manufactured.
Now the federal standard does not allow for HID with halogen reflectors to be used as they source of replacement bulb light must be halogen for halogen lights and xenon for xenon lights. This would seem to counter the idea that the retrofit is legal. It would also make it an arrestable offense since its not one of the two traffic citations that you cannot be instantered for (speeding and open container).