85R7927 BEE-F
By: Rodriguez of Travis H.B. No. 4018
A BILL TO BE ENTITLED
AN ACT
relating to the operation of automated motor vehicles on highways
in this state for research and testing purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 503, Transportation Code,
is amended by adding Section 503.072 to read as follows:
Sec. 503.072. LICENSE PLATES FOR AUTOMATED MOTOR VEHICLES.
(a) In this section, "automated motor vehicle" has the meaning
assigned by Section 545.428.
(b) The department shall establish a program to provide
license plates with an automated motor vehicle designation.
(c) A license plate provided under Subsection (b) may be
used only on an automated motor vehicle in compliance with Section
545.428.
SECTION 2. 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 3. Subchapter I, Chapter 545, Transportation Code,
is amended by adding Section 545.428 to read as follows:
Sec. 545.428. OPERATION OF AUTOMATED MOTOR VEHICLES FOR
TESTING AND RESEARCH. (a) In this section:
(1) "Automated motor vehicle" means a motor vehicle on
which an automated technology has been installed, either by a
manufacturer of automated technology or an upfitter, that enables
the motor vehicle to be operated without any control or monitoring
by a human operator. The term does not include a motor vehicle
enabled with one or more active safety systems or operator
assistance systems, including a system installed on a vehicle to
provide electronic blind spot assistance, crash avoidance,
emergency braking, parking assistance, adaptive cruise control,
lane-keeping assistance, lane departure warning, or traffic jam and
queuing assistance, unless one or more of those systems alone or in
combination with other systems enables the vehicle to operate
without any control or monitoring by an operator.
(2) "Automated technology" means technology installed
on a motor vehicle that has the capability to assist, make decisions
for, or replace a human operator.
(3) "Automatic mode" means the mode of operating an
automated motor vehicle when automated technology is engaged to
enable the motor vehicle to operate without any control or
monitoring by an operator.
(4) "Manufacturer of automated technology" means a
manufacturer or subcomponent system producer that develops or
produces automated technology.
(5) "Upfitter" means a person that modifies a motor
vehicle after it was manufactured by installing automated
technology in that motor vehicle to convert it to an automated motor
vehicle. The term includes a subcomponent system producer that
develops or produces automated driving technology.
(b) An operator of an automated motor vehicle is the person
who causes an automated motor vehicle to move under its own power in
automatic mode, including by engaging the automated technology,
regardless of whether the person is physically present in the
automated motor vehicle at that time.
(c) A person may not operate an automated motor vehicle on a
highway in this state in automatic mode unless:
(1) the automated motor vehicle is operated for the
purpose of research or testing of:
(A) the automated motor vehicle; or
(B) automated technology that is installed on the
motor vehicle;
(2) the manufacturer of the vehicle or of automated
technology that is installed on the vehicle:
(A) is recognized by the secretary of state; and
(B) submits proof satisfactory to the secretary
of state that the vehicle is insured in accordance with the laws of
this state;
(3) the vehicle displays license plates provided under
Section 503.072;
(4) the person operating the vehicle:
(A) is licensed to operate a motor vehicle in the
United States; and
(B) is an employee or contractor of or otherwise
designated or authorized by:
(i) the manufacturer of the vehicle; or
(ii) the manufacturer of automated
technology installed on the vehicle; and
(5) a person is present in the vehicle while it is
being operated who:
(A) is licensed to operate a motor vehicle in the
United States; and
(B) has the ability to monitor the vehicle's
performance and, if necessary, immediately take control of the
vehicle's movements.
(d) Notwithstanding any other law, a person may use a
wireless communication device, as defined in Section 545.425, to
operate an automated motor vehicle in automatic mode under this
chapter.
(e) A manufacturer of automated technology is not liable in
a civil action for damages that result from a modification made
without the consent of the manufacturer of automated technology by
another person to the automated technology or to a motor vehicle on
which the technology is installed.
(f) The secretary of state shall adopt procedures for the
recognition of:
(1) manufacturers of automated technology; and
(2) upfitters.
SECTION 4. (a) In this section of this Act:
(1) "Automated motor vehicle" and "automated
technology" have the meanings assigned by Section 545.428,
Transportation Code, as added by this Act.
(2) "Department" means the Texas Department of Motor
Vehicles.
(b) The department shall:
(1) conduct a study of the testing of automated motor
vehicles and automated technology installed on automated motor
vehicles on highways in this state in consultation with:
(A) the Texas Department of Transportation; and
(B) the Department of Public Safety of the State
of Texas; and
(2) recommend any legislative or regulatory action
necessary for the continued safe testing of automated motor
vehicles and automated technology installed on automated motor
vehicles on highways in this state.
(c) Not later than September 1, 2018, the department shall
submit a report of its findings and recommendations, including any
proposed legislation, to each standing committee of the senate and
house of representatives having primary jurisdiction over matters
related to transportation and over matters related to business and
commerce.
(d) This section of this Act expires January 1, 2019.
SECTION 5. This Act takes effect September 1, 2017.