1 | 1 | | 84R2979 AJZ-F |
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2 | 2 | | By: Guillen H.B. No. 933 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the testing of autonomous motor vehicles; creating a |
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8 | 8 | | border security pilot program. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Chapter 82, Civil Practice and Remedies Code, is |
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11 | 11 | | amended by adding Section 82.009 to read as follows: |
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12 | 12 | | Sec. 82.009. AUTONOMOUS MOTOR VEHICLES. (a) In this |
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13 | 13 | | section, "autonomous motor vehicle" has the meaning assigned by |
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14 | 14 | | Section 545.428, Transportation Code. |
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15 | 15 | | (b) The manufacturer of a motor vehicle is not liable for |
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16 | 16 | | damages resulting from any of the following actions unless the |
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17 | 17 | | defect from which the damages resulted was present in the motor |
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18 | 18 | | vehicle when the motor vehicle was manufactured: |
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19 | 19 | | (1) the conversion or attempted conversion of the |
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20 | 20 | | vehicle into an autonomous motor vehicle by a person other than the |
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21 | 21 | | manufacturer; |
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22 | 22 | | (2) the installation of equipment in the vehicle by a |
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23 | 23 | | person other than the manufacturer to convert the vehicle into an |
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24 | 24 | | autonomous motor vehicle; or |
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25 | 25 | | (3) the modification by a person other than the |
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26 | 26 | | manufacturer of equipment that was installed by the manufacturer in |
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27 | 27 | | an autonomous motor vehicle specifically for using the motor |
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28 | 28 | | vehicle in automatic mode. |
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29 | 29 | | (c) A subcomponent system producer is not liable in a |
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30 | 30 | | products liability action for damages resulting from the |
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31 | 31 | | modification of equipment installed by the subcomponent system |
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32 | 32 | | producer to convert a motor vehicle to an autonomous motor vehicle |
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33 | 33 | | unless the defect from which the damages resulted was present in the |
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34 | 34 | | equipment when the equipment was installed by the subcomponent |
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35 | 35 | | system producer. |
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36 | 36 | | SECTION 2. Subchapter F, Chapter 521, Transportation Code, |
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37 | 37 | | is amended by adding Section 521.1236 to read as follows: |
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38 | 38 | | Sec. 521.1236. DESIGNATOR ON LICENSE ISSUED FOR OPERATING |
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39 | 39 | | AUTONOMOUS MOTOR VEHICLE. The department shall establish a program |
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40 | 40 | | to provide an autonomous motor vehicle operation designation either |
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41 | 41 | | on the face of a driver's license or on the reverse side of the |
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42 | 42 | | driver's license issued to a person who is authorized to operate an |
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43 | 43 | | autonomous motor vehicle under Section 545.428. |
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44 | 44 | | SECTION 3. Section 541.001(1), Transportation Code, is |
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45 | 45 | | amended to read as follows: |
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46 | 46 | | (1) "Operator" means, as used in reference to a |
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47 | 47 | | vehicle, a person who drives or has physical control of a vehicle, |
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48 | 48 | | except as provided by Section 545.428(b). |
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49 | 49 | | SECTION 4. Subchapter I, Chapter 545, Transportation Code, |
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50 | 50 | | is amended by adding Section 545.428 to read as follows: |
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51 | 51 | | Sec. 545.428. OPERATION OF AUTONOMOUS MOTOR VEHICLES; |
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52 | 52 | | BORDER SECURITY PILOT PROGRAM. (a) In this section: |
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53 | 53 | | (1) "Autonomous motor vehicle" means a motor vehicle |
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54 | 54 | | that is capable of using autonomous technology to operate itself |
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55 | 55 | | without the active control or continuous monitoring of a person. |
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56 | 56 | | (2) "Autonomous technology" means technology |
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57 | 57 | | installed on a motor vehicle enabling the vehicle to operate |
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58 | 58 | | without the active control or continuous monitoring of a person. |
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59 | 59 | | The term does not include, except to the extent that such a system |
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60 | 60 | | may be a component of autonomous technology, individual safety |
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61 | 61 | | systems or driver assistance systems that enhance safety or provide |
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62 | 62 | | driver assistance, but are not individually capable of operating a |
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63 | 63 | | motor vehicle without the active control or continuous monitoring |
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64 | 64 | | of a person, such as systems designed to provide: |
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65 | 65 | | (A) collision avoidance; |
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66 | 66 | | (B) electronic blind spot assistance; |
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67 | 67 | | (C) crash avoidance; |
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68 | 68 | | (D) automated emergency braking; |
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69 | 69 | | (E) parking assistance; |
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70 | 70 | | (F) adaptive cruise control; |
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71 | 71 | | (G) lane keep assistance; |
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72 | 72 | | (H) lane departure warning; or |
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73 | 73 | | (I) traffic jam and queuing assistance. |
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74 | 74 | | (3) "Upfitter" means a person who modifies a motor |
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75 | 75 | | vehicle after manufacturing to convert the motor vehicle into an |
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76 | 76 | | autonomous motor vehicle. |
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77 | 77 | | (b) An operator of an autonomous motor vehicle operating |
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78 | 78 | | with autonomous technology is: |
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79 | 79 | | (1) a person who causes the vehicle's autonomous |
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80 | 80 | | technology to engage, regardless of whether the person is |
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81 | 81 | | physically in the autonomous motor vehicle while the vehicle is |
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82 | 82 | | operating; or |
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83 | 83 | | (2) a person who is seated in the driver's seat of the |
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84 | 84 | | autonomous motor vehicle and continuously monitors the operation of |
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85 | 85 | | the autonomous motor vehicle. |
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86 | 86 | | (c) A person may not operate an autonomous motor vehicle on |
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87 | 87 | | a roadway or public highway under Subsection (b) unless: |
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88 | 88 | | (1) the person holds a driver's license with an |
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89 | 89 | | autonomous motor vehicle designation under Section 521.1236; and |
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90 | 90 | | (2) the person is an employee, contractor, or designee |
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91 | 91 | | of: |
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92 | 92 | | (A) the department; |
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93 | 93 | | (B) a manufacturer of autonomous motor vehicles |
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94 | 94 | | authorized by the department to operate autonomous motor vehicles; |
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95 | 95 | | or |
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96 | 96 | | (C) an upfitter authorized by the department to |
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97 | 97 | | operate autonomous motor vehicles. |
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98 | 98 | | (d) An autonomous motor vehicle may be operated without the |
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99 | 99 | | active control of an operator, but the operation of the autonomous |
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100 | 100 | | motor vehicle must be continuously monitored by an operator who is |
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101 | 101 | | seated in the driver's seat of the vehicle and is able to |
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102 | 102 | | immediately assume active control over the vehicle. |
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103 | 103 | | (e) A person may not disable motor vehicle safety features |
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104 | 104 | | that are required by state and federal law during installation of |
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105 | 105 | | autonomous technology on a motor vehicle or operation of an |
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106 | 106 | | autonomous motor vehicle. |
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107 | 107 | | (f) The department shall adopt rules authorizing the |
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108 | 108 | | operation of autonomous motor vehicles on roadways and public |
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109 | 109 | | highways, including rules: |
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110 | 110 | | (1) establishing minimum requirements that an |
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111 | 111 | | autonomous motor vehicle must meet before the vehicle may be |
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112 | 112 | | operated on a roadway or public highway; |
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113 | 113 | | (2) establishing insurance requirements for: |
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114 | 114 | | (A) autonomous motor vehicle operators; |
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115 | 115 | | (B) manufacturers of autonomous motor vehicles |
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116 | 116 | | operating autonomous motor vehicles; and |
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117 | 117 | | (C) upfitters operating autonomous motor |
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118 | 118 | | vehicles; |
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119 | 119 | | (3) governing the safe operation of autonomous motor |
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120 | 120 | | vehicles on roadways and public highways; |
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121 | 121 | | (4) establishing a method of authorizing |
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122 | 122 | | manufacturers of autonomous motor vehicles and upfitters to test |
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123 | 123 | | autonomous motor vehicles and governing the testing of autonomous |
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124 | 124 | | motor vehicles; |
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125 | 125 | | (5) restricting the operation of autonomous motor |
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126 | 126 | | vehicles to certain geographic regions of this state; and |
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127 | 127 | | (6) establishing a pilot program for the department to |
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128 | 128 | | collaborate with autonomous motor vehicle manufacturers and |
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129 | 129 | | upfitters to test the use of autonomous motor vehicles for border |
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130 | 130 | | security purposes. |
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131 | 131 | | SECTION 5. Section 82.009, Civil Practice and Remedies |
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132 | 132 | | Code, as added by this Act, applies only to a cause of action that |
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133 | 133 | | accrues on or after the effective date of this Act. |
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134 | 134 | | SECTION 6. This Act takes effect immediately if it receives |
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135 | 135 | | a vote of two-thirds of all the members elected to each house, as |
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136 | 136 | | provided by Section 39, Article III, Texas Constitution. If this |
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137 | 137 | | Act does not receive the vote necessary for immediate effect, this |
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138 | 138 | | Act takes effect September 1, 2015. |
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