85R12859 BEE-F
By: Geren H.B. No. 3475
A BILL TO BE ENTITLED
AN ACT
relating to the operation of automated motor vehicles on highways
in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 545, Transportation Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. OPERATION OF AUTOMATED MOTOR VEHICLES
Sec. 545.451. DEFINITIONS. In this subchapter:
(1) "Automated driving system" means hardware and
software that are collectively capable, when installed on a motor
vehicle and engaged, of performing all aspects of the dynamic
driving task for the vehicle on a part-time or full-time basis
without supervision by a human operator.
(2) "Automated motor vehicle" means a motor vehicle on
which an automated driving system is installed.
(3) "Department" means the Texas Department of Motor
Vehicles.
(4) "Dynamic driving task" means the operational and
tactical aspects of operating a vehicle. The term:
(A) includes:
(i) operational aspects, including
steering, braking, accelerating, and monitoring the vehicle and the
roadway; and
(ii) tactical aspects, including
responding to events, determining when to change lanes, turning,
using signals, and other related actions; and
(B) does not include strategic aspects,
including determining destinations or waypoints.
Sec. 545.452. SUBCHAPTER AND DEPARTMENT GOVERN
EXCLUSIVELY. (a) Unless otherwise provided by this subchapter,
the following are governed exclusively by this subchapter:
(1) automated motor vehicles, including any
commercial use or operation of automated motor vehicles; and
(2) automated driving systems.
(b) The department is the only state agency that may
implement the provisions of this subchapter. No other state agency
or entity may impose requirements or adopt regulations governing
the operation of automated motor vehicles or automated driving
systems in this state that are in addition to or otherwise
inconsistent with this subchapter.
(c) A political subdivision of this state may not impose a
local fee, registration requirement, franchise, or other
regulation related to an automated motor vehicle or automated
driving system.
Sec. 545.453. OPERATOR OF AUTOMATED MOTOR VEHICLE. (a) When
engaged, an automated driving system installed on a motor vehicle
is:
(1) notwithstanding Section 541.001, considered the
operator of the vehicle for the purpose of assessing compliance
with applicable traffic or motor vehicle laws; and
(2) considered to be licensed to operate the vehicle
and satisfy all physical acts required of the operator of a vehicle.
(b) Notwithstanding any other law:
(1) an automated driving system installed on a motor
vehicle may be considered the operator of the vehicle; and
(2) a licensed human operator is not required to
operate a motor vehicle if an automated driving system installed on
the vehicle is engaged.
Sec. 545.454. AUTOMATED MOTOR VEHICLE OPERATION. (a)
Subject to this subchapter, the owner of an automated motor vehicle
or an operator authorized by the owner may operate the vehicle on a
highway in this state with the automated driving system engaged,
regardless of whether a human operator is physically present in the
vehicle:
(1) to test the vehicle;
(2) to provide a transportation service to individual
passengers; or
(3) for any other use.
(b) An automated motor vehicle may not be operated on a
highway in this state with the automated driving system engaged
unless the owner or authorized operator of the vehicle:
(1) obtains and provides evidence to the department,
in a form prescribed by the department, of an instrument of
insurance, surety bond, or proof of self-insurance in the amount of
at least $10 million; and
(2) ensures that the vehicle is:
(A) capable of operating in compliance with
applicable traffic and motor vehicle laws of this state, subject to
this subchapter;
(B) equipped with a data recording system with
the capacity to record, before an accident involving the vehicle:
(i) the status of the automated driving
system; and
(ii) other vehicle attributes, including
speed, direction, and location;
(C) in compliance with applicable federal law;
and
(D) registered and titled in accordance with the
laws of this state.
Sec. 545.455. PRIVACY POLICY; DATA COLLECTION. (a) An
owner or operator of an automated motor vehicle that is used to
offer a transportation service to individual passengers shall make
publicly available a privacy statement disclosing the data handling
practices of the owner or operator in connection with the vehicle.
(b) An individual passenger of a transportation service
that uses automated motor vehicles is considered to consent to the
collection of data as described in an applicable privacy statement
under Subsection (a) while a passenger in the vehicle.
Sec. 545.456. LIABILITY. The manufacturer of an automated
motor vehicle is not liable, including for equitable relief, for
damage that arises from any modification made by a person other than
the manufacturer or without the consent of the manufacturer to:
(1) the automated motor vehicle; or
(2) an automated driving system installed on the
automated motor vehicle.
SECTION 2. This Act takes effect September 1, 2017.