1 | 1 | | 85R12859 BEE-F |
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2 | 2 | | By: Geren H.B. No. 3475 |
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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 operation of automated motor vehicles on highways |
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8 | 8 | | in this state. |
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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 545, Transportation Code, is amended by |
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11 | 11 | | adding Subchapter J to read as follows: |
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12 | 12 | | SUBCHAPTER J. OPERATION OF AUTOMATED MOTOR VEHICLES |
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13 | 13 | | Sec. 545.451. DEFINITIONS. In this subchapter: |
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14 | 14 | | (1) "Automated driving system" means hardware and |
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15 | 15 | | software that are collectively capable, when installed on a motor |
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16 | 16 | | vehicle and engaged, of performing all aspects of the dynamic |
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17 | 17 | | driving task for the vehicle on a part-time or full-time basis |
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18 | 18 | | without supervision by a human operator. |
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19 | 19 | | (2) "Automated motor vehicle" means a motor vehicle on |
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20 | 20 | | which an automated driving system is installed. |
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21 | 21 | | (3) "Department" means the Texas Department of Motor |
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22 | 22 | | Vehicles. |
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23 | 23 | | (4) "Dynamic driving task" means the operational and |
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24 | 24 | | tactical aspects of operating a vehicle. The term: |
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25 | 25 | | (A) includes: |
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26 | 26 | | (i) operational aspects, including |
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27 | 27 | | steering, braking, accelerating, and monitoring the vehicle and the |
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28 | 28 | | roadway; and |
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29 | 29 | | (ii) tactical aspects, including |
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30 | 30 | | responding to events, determining when to change lanes, turning, |
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31 | 31 | | using signals, and other related actions; and |
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32 | 32 | | (B) does not include strategic aspects, |
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33 | 33 | | including determining destinations or waypoints. |
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34 | 34 | | Sec. 545.452. SUBCHAPTER AND DEPARTMENT GOVERN |
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35 | 35 | | EXCLUSIVELY. (a) Unless otherwise provided by this subchapter, |
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36 | 36 | | the following are governed exclusively by this subchapter: |
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37 | 37 | | (1) automated motor vehicles, including any |
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38 | 38 | | commercial use or operation of automated motor vehicles; and |
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39 | 39 | | (2) automated driving systems. |
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40 | 40 | | (b) The department is the only state agency that may |
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41 | 41 | | implement the provisions of this subchapter. No other state agency |
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42 | 42 | | or entity may impose requirements or adopt regulations governing |
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43 | 43 | | the operation of automated motor vehicles or automated driving |
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44 | 44 | | systems in this state that are in addition to or otherwise |
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45 | 45 | | inconsistent with this subchapter. |
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46 | 46 | | (c) A political subdivision of this state may not impose a |
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47 | 47 | | local fee, registration requirement, franchise, or other |
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48 | 48 | | regulation related to an automated motor vehicle or automated |
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49 | 49 | | driving system. |
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50 | 50 | | Sec. 545.453. OPERATOR OF AUTOMATED MOTOR VEHICLE. (a) When |
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51 | 51 | | engaged, an automated driving system installed on a motor vehicle |
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52 | 52 | | is: |
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53 | 53 | | (1) notwithstanding Section 541.001, considered the |
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54 | 54 | | operator of the vehicle for the purpose of assessing compliance |
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55 | 55 | | with applicable traffic or motor vehicle laws; and |
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56 | 56 | | (2) considered to be licensed to operate the vehicle |
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57 | 57 | | and satisfy all physical acts required of the operator of a vehicle. |
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58 | 58 | | (b) Notwithstanding any other law: |
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59 | 59 | | (1) an automated driving system installed on a motor |
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60 | 60 | | vehicle may be considered the operator of the vehicle; and |
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61 | 61 | | (2) a licensed human operator is not required to |
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62 | 62 | | operate a motor vehicle if an automated driving system installed on |
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63 | 63 | | the vehicle is engaged. |
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64 | 64 | | Sec. 545.454. AUTOMATED MOTOR VEHICLE OPERATION. (a) |
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65 | 65 | | Subject to this subchapter, the owner of an automated motor vehicle |
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66 | 66 | | or an operator authorized by the owner may operate the vehicle on a |
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67 | 67 | | highway in this state with the automated driving system engaged, |
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68 | 68 | | regardless of whether a human operator is physically present in the |
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69 | 69 | | vehicle: |
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70 | 70 | | (1) to test the vehicle; |
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71 | 71 | | (2) to provide a transportation service to individual |
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72 | 72 | | passengers; or |
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73 | 73 | | (3) for any other use. |
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74 | 74 | | (b) An automated motor vehicle may not be operated on a |
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75 | 75 | | highway in this state with the automated driving system engaged |
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76 | 76 | | unless the owner or authorized operator of the vehicle: |
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77 | 77 | | (1) obtains and provides evidence to the department, |
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78 | 78 | | in a form prescribed by the department, of an instrument of |
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79 | 79 | | insurance, surety bond, or proof of self-insurance in the amount of |
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80 | 80 | | at least $10 million; and |
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81 | 81 | | (2) ensures that the vehicle is: |
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82 | 82 | | (A) capable of operating in compliance with |
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83 | 83 | | applicable traffic and motor vehicle laws of this state, subject to |
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84 | 84 | | this subchapter; |
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85 | 85 | | (B) equipped with a data recording system with |
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86 | 86 | | the capacity to record, before an accident involving the vehicle: |
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87 | 87 | | (i) the status of the automated driving |
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88 | 88 | | system; and |
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89 | 89 | | (ii) other vehicle attributes, including |
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90 | 90 | | speed, direction, and location; |
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91 | 91 | | (C) in compliance with applicable federal law; |
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92 | 92 | | and |
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93 | 93 | | (D) registered and titled in accordance with the |
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94 | 94 | | laws of this state. |
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95 | 95 | | Sec. 545.455. PRIVACY POLICY; DATA COLLECTION. (a) An |
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96 | 96 | | owner or operator of an automated motor vehicle that is used to |
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97 | 97 | | offer a transportation service to individual passengers shall make |
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98 | 98 | | publicly available a privacy statement disclosing the data handling |
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99 | 99 | | practices of the owner or operator in connection with the vehicle. |
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100 | 100 | | (b) An individual passenger of a transportation service |
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101 | 101 | | that uses automated motor vehicles is considered to consent to the |
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102 | 102 | | collection of data as described in an applicable privacy statement |
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103 | 103 | | under Subsection (a) while a passenger in the vehicle. |
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104 | 104 | | Sec. 545.456. LIABILITY. The manufacturer of an automated |
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105 | 105 | | motor vehicle is not liable, including for equitable relief, for |
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106 | 106 | | damage that arises from any modification made by a person other than |
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107 | 107 | | the manufacturer or without the consent of the manufacturer to: |
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108 | 108 | | (1) the automated motor vehicle; or |
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109 | 109 | | (2) an automated driving system installed on the |
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110 | 110 | | automated motor vehicle. |
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111 | 111 | | SECTION 2. This Act takes effect September 1, 2017. |
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