Texas 2017 - 85th Regular

Texas House Bill HB4018 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R7927 BEE-F
2	2	By: Rodriguez of Travis H.B. No. 4018
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation of automated motor vehicles on highways
8	8	in this state for research and testing purposes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 503, Transportation Code,
11	11	is amended by adding Section 503.072 to read as follows:
12	12	Sec. 503.072. LICENSE PLATES FOR AUTOMATED MOTOR VEHICLES.
13	13	(a) In this section, "automated motor vehicle" has the meaning
14	14	assigned by Section 545.428.
15	15	(b) The department shall establish a program to provide
16	16	license plates with an automated motor vehicle designation.
17	17	(c) A license plate provided under Subsection (b) may be
18	18	used only on an automated motor vehicle in compliance with Section
19	19	545.428.
20	20	SECTION 2. Section 541.001(1), Transportation Code, is
21	21	amended to read as follows:
22	22	(1) "Operator" means, as used in reference to a
23	23	vehicle, a person who drives or has physical control of a vehicle,
24	24	except as provided by Section 545.428(b).
25	25	SECTION 3. Subchapter I, Chapter 545, Transportation Code,
26	26	is amended by adding Section 545.428 to read as follows:
27	27	Sec. 545.428. OPERATION OF AUTOMATED MOTOR VEHICLES FOR
28	28	TESTING AND RESEARCH. (a) In this section:
29	29	(1) "Automated motor vehicle" means a motor vehicle on
30	30	which an automated technology has been installed, either by a
31	31	manufacturer of automated technology or an upfitter, that enables
32	32	the motor vehicle to be operated without any control or monitoring
33	33	by a human operator. The term does not include a motor vehicle
34	34	enabled with one or more active safety systems or operator
35	35	assistance systems, including a system installed on a vehicle to
36	36	provide electronic blind spot assistance, crash avoidance,
37	37	emergency braking, parking assistance, adaptive cruise control,
38	38	lane-keeping assistance, lane departure warning, or traffic jam and
39	39	queuing assistance, unless one or more of those systems alone or in
40	40	combination with other systems enables the vehicle to operate
41	41	without any control or monitoring by an operator.
42	42	(2) "Automated technology" means technology installed
43	43	on a motor vehicle that has the capability to assist, make decisions
44	44	for, or replace a human operator.
45	45	(3) "Automatic mode" means the mode of operating an
46	46	automated motor vehicle when automated technology is engaged to
47	47	enable the motor vehicle to operate without any control or
48	48	monitoring by an operator.
49	49	(4) "Manufacturer of automated technology" means a
50	50	manufacturer or subcomponent system producer that develops or
51	51	produces automated technology.
52	52	(5) "Upfitter" means a person that modifies a motor
53	53	vehicle after it was manufactured by installing automated
54	54	technology in that motor vehicle to convert it to an automated motor
55	55	vehicle. The term includes a subcomponent system producer that
56	56	develops or produces automated driving technology.
57	57	(b) An operator of an automated motor vehicle is the person
58	58	who causes an automated motor vehicle to move under its own power in
59	59	automatic mode, including by engaging the automated technology,
60	60	regardless of whether the person is physically present in the
61	61	automated motor vehicle at that time.
62	62	(c) A person may not operate an automated motor vehicle on a
63	63	highway in this state in automatic mode unless:
64	64	(1) the automated motor vehicle is operated for the
65	65	purpose of research or testing of:
66	66	(A) the automated motor vehicle; or
67	67	(B) automated technology that is installed on the
68	68	motor vehicle;
69	69	(2) the manufacturer of the vehicle or of automated
70	70	technology that is installed on the vehicle:
71	71	(A) is recognized by the secretary of state; and
72	72	(B) submits proof satisfactory to the secretary
73	73	of state that the vehicle is insured in accordance with the laws of
74	74	this state;
75	75	(3) the vehicle displays license plates provided under
76	76	Section 503.072;
77	77	(4) the person operating the vehicle:
78	78	(A) is licensed to operate a motor vehicle in the
79	79	United States; and
80	80	(B) is an employee or contractor of or otherwise
81	81	designated or authorized by:
82	82	(i) the manufacturer of the vehicle; or
83	83	(ii) the manufacturer of automated
84	84	technology installed on the vehicle; and
85	85	(5) a person is present in the vehicle while it is
86	86	being operated who:
87	87	(A) is licensed to operate a motor vehicle in the
88	88	United States; and
89	89	(B) has the ability to monitor the vehicle's
90	90	performance and, if necessary, immediately take control of the
91	91	vehicle's movements.
92	92	(d) Notwithstanding any other law, a person may use a
93	93	wireless communication device, as defined in Section 545.425, to
94	94	operate an automated motor vehicle in automatic mode under this
95	95	chapter.
96	96	(e) A manufacturer of automated technology is not liable in
97	97	a civil action for damages that result from a modification made
98	98	without the consent of the manufacturer of automated technology by
99	99	another person to the automated technology or to a motor vehicle on
100	100	which the technology is installed.
101	101	(f) The secretary of state shall adopt procedures for the
102	102	recognition of:
103	103	(1) manufacturers of automated technology; and
104	104	(2) upfitters.
105	105	SECTION 4. (a) In this section of this Act:
106	106	(1) "Automated motor vehicle" and "automated
107	107	technology" have the meanings assigned by Section 545.428,
108	108	Transportation Code, as added by this Act.
109	109	(2) "Department" means the Texas Department of Motor
110	110	Vehicles.
111	111	(b) The department shall:
112	112	(1) conduct a study of the testing of automated motor
113	113	vehicles and automated technology installed on automated motor
114	114	vehicles on highways in this state in consultation with:
115	115	(A) the Texas Department of Transportation; and
116	116	(B) the Department of Public Safety of the State
117	117	of Texas; and
118	118	(2) recommend any legislative or regulatory action
119	119	necessary for the continued safe testing of automated motor
120	120	vehicles and automated technology installed on automated motor
121	121	vehicles on highways in this state.
122	122	(c) Not later than September 1, 2018, the department shall
123	123	submit a report of its findings and recommendations, including any
124	124	proposed legislation, to each standing committee of the senate and
125	125	house of representatives having primary jurisdiction over matters
126	126	related to transportation and over matters related to business and
127	127	commerce.
128	128	(d) This section of this Act expires January 1, 2019.
129	129	SECTION 5. This Act takes effect September 1, 2017.