84R2979 AJZ-F
By: Guillen H.B. No. 933
A BILL TO BE ENTITLED
AN ACT
relating to the testing of autonomous motor vehicles; creating a
border security pilot program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 82, Civil Practice and Remedies Code, is
amended by adding Section 82.009 to read as follows:
Sec. 82.009. AUTONOMOUS MOTOR VEHICLES. (a) In this
section, "autonomous motor vehicle" has the meaning assigned by
Section 545.428, Transportation Code.
(b) The manufacturer of a motor vehicle is not liable for
damages resulting from any of the following actions unless the
defect from which the damages resulted was present in the motor
vehicle when the motor vehicle was manufactured:
(1) the conversion or attempted conversion of the
vehicle into an autonomous motor vehicle by a person other than the
manufacturer;
(2) the installation of equipment in the vehicle by a
person other than the manufacturer to convert the vehicle into an
autonomous motor vehicle; or
(3) the modification by a person other than the
manufacturer of equipment that was installed by the manufacturer in
an autonomous motor vehicle specifically for using the motor
vehicle in automatic mode.
(c) A subcomponent system producer is not liable in a
products liability action for damages resulting from the
modification of equipment installed by the subcomponent system
producer to convert a motor vehicle to an autonomous motor vehicle
unless the defect from which the damages resulted was present in the
equipment when the equipment was installed by the subcomponent
system producer.
SECTION 2. Subchapter F, Chapter 521, Transportation Code,
is amended by adding Section 521.1236 to read as follows:
Sec. 521.1236. DESIGNATOR ON LICENSE ISSUED FOR OPERATING
AUTONOMOUS MOTOR VEHICLE. The department shall establish a program
to provide an autonomous motor vehicle operation designation either
on the face of a driver's license or on the reverse side of the
driver's license issued to a person who is authorized to operate an
autonomous motor vehicle under Section 545.428.
SECTION 3. Section 541.001(1), Transportation Code, is
amended to read as follows:
(1) "Operator" means, as used in reference to a
vehicle, a person who drives or has physical control of a vehicle,
except as provided by Section 545.428(b).
SECTION 4. Subchapter I, Chapter 545, Transportation Code,
is amended by adding Section 545.428 to read as follows:
Sec. 545.428. OPERATION OF AUTONOMOUS MOTOR VEHICLES;
BORDER SECURITY PILOT PROGRAM. (a) In this section:
(1) "Autonomous motor vehicle" means a motor vehicle
that is capable of using autonomous technology to operate itself
without the active control or continuous monitoring of a person.
(2) "Autonomous technology" means technology
installed on a motor vehicle enabling the vehicle to operate
without the active control or continuous monitoring of a person.
The term does not include, except to the extent that such a system
may be a component of autonomous technology, individual safety
systems or driver assistance systems that enhance safety or provide
driver assistance, but are not individually capable of operating a
motor vehicle without the active control or continuous monitoring
of a person, such as systems designed to provide:
(A) collision avoidance;
(B) electronic blind spot assistance;
(C) crash avoidance;
(D) automated emergency braking;
(E) parking assistance;
(F) adaptive cruise control;
(G) lane keep assistance;
(H) lane departure warning; or
(I) traffic jam and queuing assistance.
(3) "Upfitter" means a person who modifies a motor
vehicle after manufacturing to convert the motor vehicle into an
autonomous motor vehicle.
(b) An operator of an autonomous motor vehicle operating
with autonomous technology is:
(1) a person who causes the vehicle's autonomous
technology to engage, regardless of whether the person is
physically in the autonomous motor vehicle while the vehicle is
operating; or
(2) a person who is seated in the driver's seat of the
autonomous motor vehicle and continuously monitors the operation of
the autonomous motor vehicle.
(c) A person may not operate an autonomous motor vehicle on
a roadway or public highway under Subsection (b) unless:
(1) the person holds a driver's license with an
autonomous motor vehicle designation under Section 521.1236; and
(2) the person is an employee, contractor, or designee
of:
(A) the department;
(B) a manufacturer of autonomous motor vehicles
authorized by the department to operate autonomous motor vehicles;
or
(C) an upfitter authorized by the department to
operate autonomous motor vehicles.
(d) An autonomous motor vehicle may be operated without the
active control of an operator, but the operation of the autonomous
motor vehicle must be continuously monitored by an operator who is
seated in the driver's seat of the vehicle and is able to
immediately assume active control over the vehicle.
(e) A person may not disable motor vehicle safety features
that are required by state and federal law during installation of
autonomous technology on a motor vehicle or operation of an
autonomous motor vehicle.
(f) The department shall adopt rules authorizing the
operation of autonomous motor vehicles on roadways and public
highways, including rules:
(1) establishing minimum requirements that an
autonomous motor vehicle must meet before the vehicle may be
operated on a roadway or public highway;
(2) establishing insurance requirements for:
(A) autonomous motor vehicle operators;
(B) manufacturers of autonomous motor vehicles
operating autonomous motor vehicles; and
(C) upfitters operating autonomous motor
vehicles;
(3) governing the safe operation of autonomous motor
vehicles on roadways and public highways;
(4) establishing a method of authorizing
manufacturers of autonomous motor vehicles and upfitters to test
autonomous motor vehicles and governing the testing of autonomous
motor vehicles;
(5) restricting the operation of autonomous motor
vehicles to certain geographic regions of this state; and
(6) establishing a pilot program for the department to
collaborate with autonomous motor vehicle manufacturers and
upfitters to test the use of autonomous motor vehicles for border
security purposes.
SECTION 5. Section 82.009, Civil Practice and Remedies
Code, as added by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.