Texas 2017 - 85th Regular

Texas Senate Bill SB2205 Latest Draft

Bill / Enrolled Version Filed 05/22/2017

                            S.B. No. 2205


 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
 502.001.
 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 the
 operation of 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, as defined by
 Section 547.615(a), installed by the manufacturer of the automated
 motor vehicle or automated driving system;
 (3)  equipped with an automated driving system 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 comply with Chapter
 550.
 Sec. 545.456.  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 operator that the
 operator 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 operator
 will respond appropriately to a request to intervene is subject to
 Sections 545.452(b) and 545.454, Transportation Code, as added by
 this Act.
 (c)  Nothing in Subchapter J, Chapter 545, Transportation
 Code, as added by this Act, shall be construed to affect, alter, or
 amend the right to operate a motor vehicle equipped with hardware
 and software capable of performing the entire dynamic driving task
 with the expectation that a human operator will respond
 appropriately to a request to intervene.
 SECTION 3.  This Act takes effect September 1, 2017.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I hereby certify that S.B. No. 2205 passed the Senate on
 April 27, 2017, by the following vote:  Yeas 31, Nays 0.
 ______________________________
 Secretary of the Senate
 I hereby certify that S.B. No. 2205 passed the House on
 May 21, 2017, by the following vote:  Yeas 137, Nays 1, two
 present not voting.
 ______________________________
 Chief Clerk of the House
 Approved:
 ______________________________
 Date
 ______________________________
 Governor