By: Hancock S.B. No. 2205
(In the Senate - Filed March 10, 2017; March 29, 2017, read
first time and referred to Committee on Transportation;
April 24, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 24, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2205 By: Hancock
A BILL TO BE ENTITLED
AN ACT
relating to automated motor vehicles.
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, when installed on a motor vehicle and engaged, are
collectively capable of performing, without any intervention or
supervision by a human operator:
(A) all aspects of the entire dynamic driving
task for the vehicle on a sustained basis; and
(B) any fallback maneuvers necessary to respond
to a failure of the system.
(2) "Automated motor vehicle" means a motor vehicle on
which an automated driving system is installed.
(3) "Entire 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.
(4) "Human operator" means a natural person in an
automated motor vehicle who controls the entire dynamic driving
task.
(5) "Owner" has the meaning assigned by Section
501.002(19), except that the term includes a manufacturer of an
automated motor vehicle or of an automated driving system.
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) A political subdivision of this state or a state agency
may not impose a franchise or other regulation related to an
automated motor vehicle or automated driving system.
Sec. 545.453. OPERATOR OF AUTOMATED MOTOR VEHICLE.
(a) When an automated driving system installed on a motor vehicle
is engaged:
(1) the owner of the automated driving system is
considered the operator of the automated motor vehicle solely for
the purpose of assessing compliance with applicable traffic or
motor vehicle laws, regardless of whether the person is physically
present in the vehicle while the vehicle is operating; and
(2) the automated driving system is considered to be
licensed to operate the vehicle.
(b) Notwithstanding any other law, 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) An
automated motor vehicle may operate in this state with the
automated driving system engaged, regardless of whether a human
operator is physically present in the vehicle.
(b) An automated motor vehicle may not operate on a highway
in this state with the automated driving system engaged unless the
vehicle is:
(1) capable of operating in compliance with applicable
traffic and motor vehicle laws of this state, subject to this
subchapter;
(2) equipped with a recording device system as defined
by Section 547.615;
(3) in compliance with applicable federal law and
Federal Motor Vehicle Safety Standards;
(4) registered and titled in accordance with the laws
of this state; and
(5) covered by motor vehicle liability coverage or
self-insurance in an amount equal to the amount of coverage that is
required under the laws of this state.
Sec. 545.455. DUTIES FOLLOWING ACCIDENT INVOLVING
AUTOMATED MOTOR VEHICLE. In the event of an accident involving an
automated motor vehicle, the automated motor vehicle or any human
operator of the automated motor vehicle shall, regardless of
whether the operator is required to do so under Chapter 550:
(1) stop the vehicle at or return the vehicle to the
scene of the accident; and
(2) immediately by the quickest means of communication
give notice of the accident to the:
(A) local police department if the accident
occurred in a municipality;
(B) local police department or the sheriff's
office if the accident occurred not more than 100 feet outside the
limits of a municipality; or
(C) sheriff's office or the nearest office of the
Department of Public Safety if the accident is not required to be
reported under Paragraph (A) or (B).
Sec. 545.456. LIABILITY. (a) The manufacturer of an
automated motor vehicle or the manufacturer of an automated driving
system is not liable, including for equitable relief, for damage
that arises from modifications 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.
(b) Subsection (a) does not supersede or otherwise affect
any contractual obligations between an automated motor vehicle
manufacturer or automated driving system manufacturer and a person
that modifies a motor vehicle after the vehicle is manufactured by
installing an automated driving system in the vehicle to convert
the vehicle to an automated motor vehicle.
Sec. 545.457. VEHICLE CLASSIFICATION. An owner as defined
by Section 502.001(31) may identify the vehicle to the department
as an automated motor vehicle or an automated driving system.
SECTION 2. (a) In this section, "a request to intervene"
means notification by a vehicle to the human driver that the driver
should promptly begin or resume performance of the entire dynamic
driving task.
(b) For purposes of Subchapter J, Chapter 545,
Transportation Code, as added by this Act, a motor vehicle equipped
with hardware and software capable of engaging in the entire
dynamic driving task with the expectation that a human driver will
respond appropriately to a request to intervene is subject to
Sections 545.452(b) and 545.456, Transportation Code, as added by
this Act.
SECTION 3. This Act takes effect September 1, 2017.
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