1 | 1 | | 89R13725 JRR-D |
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2 | 2 | | By: Canales H.B. No. 3837 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the regulation of autonomous vehicles; creating a |
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10 | 10 | | criminal offense. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter B, Chapter 502, Transportation Code, |
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13 | 13 | | is amended by adding Section 502.0433 to read as follows: |
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14 | 14 | | Sec. 502.0433. ADDITIONAL REQUIREMENTS RELATING TO |
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15 | 15 | | AUTONOMOUS VEHICLE. (a) In this section, "autonomous vehicle" has |
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16 | 16 | | the meaning assigned by Section 545.451. |
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17 | 17 | | (b) When a person registers or renews the registration of a |
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18 | 18 | | motor vehicle under this chapter, the department shall require the |
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19 | 19 | | person to: |
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20 | 20 | | (1) indicate whether the vehicle is an autonomous |
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21 | 21 | | vehicle; and |
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22 | 22 | | (2) if the person indicates that the vehicle is an |
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23 | 23 | | autonomous vehicle, include the permit number for any permit issued |
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24 | 24 | | to the person under Subchapter J, Chapter 545. |
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25 | 25 | | (c) Notwithstanding any other provision of this chapter, |
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26 | 26 | | the department may not register or renew the registration of a motor |
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27 | 27 | | vehicle that a person indicates is an autonomous vehicle if the |
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28 | 28 | | person does not hold, or the department is unable to verify that the |
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29 | 29 | | person holds, a permit issued under Subchapter J, Chapter 545. This |
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30 | 30 | | subsection does not apply to an autonomous vehicle that is exempted |
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31 | 31 | | from the permit requirements of Subchapter J, Chapter 545, under a |
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32 | 32 | | rule adopted under Section 545.457. |
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33 | 33 | | SECTION 2. Subchapter J, Chapter 545, Transportation Code, |
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34 | 34 | | is amended to read as follows: |
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35 | 35 | | SUBCHAPTER J. OPERATION OF AUTONOMOUS [AUTOMATED MOTOR] VEHICLES |
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36 | 36 | | Sec. 545.451. DEFINITIONS. In this subchapter: |
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37 | 37 | | (1) "Automated driving system" means hardware and |
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38 | 38 | | software that, when installed on a motor vehicle and engaged, are |
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39 | 39 | | collectively capable of performing, without any intervention or |
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40 | 40 | | supervision by a human operator: |
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41 | 41 | | (A) all aspects of the entire dynamic driving |
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42 | 42 | | task for the vehicle on a sustained basis; and |
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43 | 43 | | (B) any fallback maneuvers necessary to respond |
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44 | 44 | | to a failure of the system. |
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45 | 45 | | (2) "Autonomous [Automated motor] vehicle" means a |
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46 | 46 | | motor vehicle on which an automated driving system is installed |
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47 | 47 | | that is capable of being operated with Level 4 automation or Level 5 |
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48 | 48 | | automation. |
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49 | 49 | | (3) "Commission" means the Autonomous Vehicle |
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50 | 50 | | Commission. |
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51 | 51 | | (4) "Entire dynamic driving task" means the |
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52 | 52 | | operational and tactical aspects of operating a vehicle. The term: |
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53 | 53 | | (A) includes: |
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54 | 54 | | (i) operational aspects, including |
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55 | 55 | | steering, braking, accelerating, and monitoring the vehicle and the |
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56 | 56 | | roadway; and |
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57 | 57 | | (ii) tactical aspects, including |
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58 | 58 | | responding to events, determining when to change lanes, turning, |
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59 | 59 | | using signals, and other related actions; and |
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60 | 60 | | (B) does not include strategic aspects, |
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61 | 61 | | including determining destinations or waypoints. |
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62 | 62 | | (5) [(4)] "Human operator" means a natural person in |
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63 | 63 | | an autonomous [automated motor] vehicle who controls the entire |
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64 | 64 | | dynamic driving task. |
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65 | 65 | | (6) "Level 4 automation" means a standard of |
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66 | 66 | | automation meeting the criteria for Level 4 specified in the |
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67 | 67 | | Society of Automotive Engineers International Standard J3016 |
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68 | 68 | | (April 2021). |
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69 | 69 | | (7) "Level 5 automation" means a standard of |
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70 | 70 | | automation meeting the criteria for Level 5 specified in the |
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71 | 71 | | Society of Automotive Engineers International Standard J3016 |
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72 | 72 | | (April 2021). |
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73 | 73 | | (8) [(5)] "Owner" has the meaning assigned by Section |
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74 | 74 | | 502.001. |
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75 | 75 | | (9) "Transportation network company" has the meaning |
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76 | 76 | | assigned by Section 2402.001, Occupations Code. |
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77 | 77 | | Sec. 545.452. EXCLUSIVE REGULATION OF [THE] OPERATION OF |
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78 | 78 | | AUTONOMOUS [AUTOMATED MOTOR] VEHICLES AND AUTOMATED DRIVING |
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79 | 79 | | SYSTEMS. (a) Unless otherwise provided by this subchapter, the |
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80 | 80 | | operation of autonomous [automated motor] vehicles, including any |
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81 | 81 | | commercial use, and automated driving systems is [are] governed |
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82 | 82 | | exclusively by: |
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83 | 83 | | (1) this subchapter; [and] |
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84 | 84 | | (2) Section 547.618; and |
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85 | 85 | | (3) Chapter 2402, Occupations Code, if the autonomous |
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86 | 86 | | vehicle is owned by a transportation network company or |
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87 | 87 | | transportation network company driver. |
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88 | 88 | | (b) A political subdivision of this state or a state agency |
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89 | 89 | | may not impose a franchise or other regulation related to the |
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90 | 90 | | operation of an autonomous [automated motor] vehicle or automated |
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91 | 91 | | driving system. |
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92 | 92 | | Sec. 545.453. OPERATOR OF AUTONOMOUS [AUTOMATED MOTOR] |
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93 | 93 | | VEHICLE. (a) When an automated driving system installed on an |
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94 | 94 | | autonomous [a motor] vehicle is engaged: |
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95 | 95 | | (1) the owner of the autonomous vehicle [automated |
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96 | 96 | | driving system] is considered the operator of the autonomous |
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97 | 97 | | [automated motor] vehicle solely for the purpose of assessing |
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98 | 98 | | compliance with applicable traffic or motor vehicle laws, |
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99 | 99 | | regardless of whether the person is physically present in the |
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100 | 100 | | vehicle while the vehicle is operating; and |
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101 | 101 | | (2) the automated driving system is considered to be |
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102 | 102 | | licensed to operate the vehicle. |
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103 | 103 | | (b) Notwithstanding any other law, a licensed human |
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104 | 104 | | operator is not required to operate a motor vehicle if an automated |
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105 | 105 | | driving system installed on the vehicle is engaged. |
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106 | 106 | | Sec. 545.454. AUTONOMOUS [AUTOMATED MOTOR] VEHICLE |
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107 | 107 | | OPERATION; OFFENSE. (a) Subject to Subsection (b), an autonomous |
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108 | 108 | | [An automated motor] vehicle may operate in this state [with the |
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109 | 109 | | automated driving system engaged], regardless of whether a human |
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110 | 110 | | operator is physically present in the vehicle. |
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111 | 111 | | (b) An autonomous [automated motor] vehicle may not operate |
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112 | 112 | | on a highway in this state [with the automated driving system |
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113 | 113 | | engaged] unless: |
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114 | 114 | | (1) the owner of the vehicle: |
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115 | 115 | | (A) holds a permit issued under this subchapter; |
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116 | 116 | | and |
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117 | 117 | | (B) has submitted to the department, in the form |
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118 | 118 | | and manner prescribed by rule of the Public Safety Commission, a |
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119 | 119 | | plan specifying how a person who provides firefighting, law |
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120 | 120 | | enforcement, ambulance, medical, or other emergency services |
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121 | 121 | | should interact with the autonomous vehicle during the provision of |
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122 | 122 | | those services; and |
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123 | 123 | | (2) the vehicle is: |
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124 | 124 | | (A) registered with the commission as provided by |
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125 | 125 | | Section 545.456; |
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126 | 126 | | (B) [(1)] capable of operating in compliance |
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127 | 127 | | with applicable traffic and motor vehicle laws of this state, |
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128 | 128 | | subject to this subchapter; |
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129 | 129 | | (C) [(2)] equipped with a recording device, as |
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130 | 130 | | defined by Section 547.615(a), installed by the manufacturer of the |
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131 | 131 | | autonomous [automated motor] vehicle or automated driving system; |
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132 | 132 | | (D) [(3)] equipped with an automated driving |
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133 | 133 | | system in compliance with applicable federal law and federal motor |
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134 | 134 | | vehicle safety standards; |
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135 | 135 | | (E) [(4)] registered and titled in accordance |
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136 | 136 | | with the laws of this state; and |
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137 | 137 | | (F) either: |
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138 | 138 | | (i) [(5)] covered by motor vehicle |
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139 | 139 | | liability coverage or self-insurance in an amount prescribed by |
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140 | 140 | | commission rule; or |
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141 | 141 | | (ii) if the autonomous vehicle is owned by a |
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142 | 142 | | transportation network company or transportation network company |
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143 | 143 | | driver, covered by primary automobile insurance in accordance with |
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144 | 144 | | Chapter 1954, Insurance Code [equal to the amount of coverage that |
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145 | 145 | | is required under the laws of this state]. |
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146 | 146 | | (c) A person who is the owner of an autonomous vehicle |
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147 | 147 | | commits an offense if the autonomous vehicle is operated on a public |
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148 | 148 | | highway in violation of Subsection (b). An offense under this |
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149 | 149 | | subsection is a Class A misdemeanor. |
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150 | 150 | | Sec. 545.455. AUTONOMOUS VEHICLE PERMIT. (a) An applicant |
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151 | 151 | | for a permit under this subchapter shall apply to the commission in |
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152 | 152 | | the form and manner prescribed by commission rule. |
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153 | 153 | | (b) The commission shall issue a permit to each applicant |
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154 | 154 | | that: |
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155 | 155 | | (1) meets the eligibility criteria for the permit as |
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156 | 156 | | prescribed by commission rule; and |
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157 | 157 | | (2) pays a fee in an amount determined by commission |
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158 | 158 | | rule to cover the cost of administering this subchapter. |
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159 | 159 | | (c) Commission rules prescribing the eligibility criteria |
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160 | 160 | | described by Subsection (b)(1) must require an applicant for a |
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161 | 161 | | permit under this subchapter to include in the application: |
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162 | 162 | | (1) whether the applicant holds, or intends to apply |
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163 | 163 | | for, a permit issued under Chapter 2402, Occupations Code; and |
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164 | 164 | | (2) if the applicant holds a permit issued under |
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165 | 165 | | Chapter 2402, Occupations Code, the permit number for that permit. |
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166 | 166 | | (d) To maintain a permit under this subchapter, the holder |
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167 | 167 | | of the permit shall annually pay the fee described by Subsection |
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168 | 168 | | (b)(2) to the commission. |
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169 | 169 | | Sec. 545.456. REGISTRATION OF AUTONOMOUS VEHICLE WITH |
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170 | 170 | | COMMISSION. A holder of a permit under this subchapter shall |
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171 | 171 | | register with the commission, in the form and manner prescribed by |
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172 | 172 | | commission rule, each autonomous vehicle authorized to operate |
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173 | 173 | | under the permit. |
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174 | 174 | | Sec. 545.457. EXEMPTION FROM PERMIT REQUIREMENTS. (a) |
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175 | 175 | | Notwithstanding any other provision of this subchapter, the |
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176 | 176 | | commission by rule may exempt the permit requirements under this |
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177 | 177 | | subchapter from applying to an autonomous vehicle that is operated |
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178 | 178 | | solely for personal use if rules are adopted authorizing the sale of |
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179 | 179 | | autonomous vehicles in this state to the public by a dealer, as |
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180 | 180 | | defined by Section 2301.002, Occupations Code. |
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181 | 181 | | (b) A person operating an autonomous vehicle in accordance |
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182 | 182 | | with a rule adopted under this section is considered to satisfy the |
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183 | 183 | | requirements of Sections 545.454(b)(1) and (2)(A) with respect to |
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184 | 184 | | that vehicle. |
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185 | 185 | | Sec. 545.458 [545.455]. DUTIES FOLLOWING COLLISION |
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186 | 186 | | INVOLVING AUTONOMOUS [AUTOMATED MOTOR] VEHICLE; REPORTING OF |
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187 | 187 | | COLLISION DATA. (a) In the event of a collision involving an |
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188 | 188 | | autonomous [automated motor] vehicle: |
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189 | 189 | | (1) the holder of the permit under which the |
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190 | 190 | | autonomous vehicle is operating[, the automated motor vehicle] or |
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191 | 191 | | any human operator of the autonomous [automated motor] vehicle |
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192 | 192 | | shall comply with Chapter 550; and |
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193 | 193 | | (2) the permit holder described by Subdivision (1) |
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194 | 194 | | shall notify the commission of the collision, in the form and manner |
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195 | 195 | | prescribed by commission rule, not later than 48 hours after the |
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196 | 196 | | collision. |
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197 | 197 | | (b) A holder of a permit under this subchapter shall submit |
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198 | 198 | | to the commission, in the form and manner prescribed by commission |
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199 | 199 | | rule, any collision data that the permit holder is required to |
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200 | 200 | | submit to the National Highway Traffic Safety Administration or |
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201 | 201 | | another federal agency. |
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202 | 202 | | Sec. 545.459. ONLINE PORTAL. The commission shall |
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203 | 203 | | establish and maintain an online portal on the Texas Department of |
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204 | 204 | | Motor Vehicles' Internet website that, at a minimum, allows a |
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205 | 205 | | person to: |
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206 | 206 | | (1) apply for a permit under this subchapter; |
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207 | 207 | | (2) pay the annual fee to maintain the permit; |
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208 | 208 | | (3) register with the commission an autonomous vehicle |
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209 | 209 | | authorized to operate under the permit; and |
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210 | 210 | | (4) notify the commission of a collision involving an |
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211 | 211 | | autonomous vehicle or report collision data required under this |
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212 | 212 | | subchapter. |
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213 | 213 | | Sec. 545.460. ADDITIONAL PROCEDURES; RULES. (a) The |
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214 | 214 | | commission by rule shall adopt procedures for the revocation or |
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215 | 215 | | suspension of a permit issued under this subchapter. |
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216 | 216 | | (b) The commission shall hold a public hearing if an |
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217 | 217 | | autonomous vehicle operating under a permit issued under this |
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218 | 218 | | subchapter is involved in a collision that results in a fatality. |
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219 | 219 | | (c) The commission may adopt any other rules or procedures |
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220 | 220 | | necessary to administer this subchapter. |
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221 | 221 | | Sec. 545.461 [545.456]. VEHICLE CLASSIFICATION. An owner |
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222 | 222 | | [as defined by Section 502.001(31)] may identify the vehicle to the |
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223 | 223 | | department as an autonomous [automated motor] vehicle or an |
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224 | 224 | | automated driving system. |
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225 | 225 | | SECTION 3. The heading to Section 547.618, Transportation |
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226 | 226 | | Code, is amended to read as follows: |
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227 | 227 | | Sec. 547.618. EQUIPMENT REQUIRED FOR CERTAIN AUTONOMOUS |
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228 | 228 | | [AUTOMATED MOTOR] VEHICLES. |
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229 | 229 | | SECTION 4. Sections 547.618(a) and (b), Transportation |
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230 | 230 | | Code, are amended to read as follows: |
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231 | 231 | | (a) In this section, "autonomous [automated motor] vehicle" |
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232 | 232 | | and "automated driving system" have the meanings assigned by |
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233 | 233 | | Section 545.451. |
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234 | 234 | | (b) An autonomous [automated motor] vehicle that is |
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235 | 235 | | designed to be operated exclusively by the automated driving system |
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236 | 236 | | for all trips is not subject to motor vehicle equipment laws or |
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237 | 237 | | regulations of this state that: |
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238 | 238 | | (1) relate to or support motor vehicle operation by a |
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239 | 239 | | human driver; and |
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240 | 240 | | (2) are not relevant for an automated driving system. |
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241 | 241 | | SECTION 5. Subtitle M, Title 7, Transportation Code, is |
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242 | 242 | | amended by adding Chapter 1007 to read as follows: |
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243 | 243 | | CHAPTER 1007. AUTONOMOUS VEHICLE COMMISSION |
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244 | 244 | | Sec. 1007.001. DEFINITION. In this chapter, "commission" |
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245 | 245 | | means the Autonomous Vehicle Commission established under this |
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246 | 246 | | chapter. |
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247 | 247 | | Sec. 1007.002. ESTABLISHMENT; MEMBERSHIP. (a) The |
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248 | 248 | | Autonomous Vehicle Commission is established. |
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249 | 249 | | (b) The commission is composed of 11 voting members and 2 |
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250 | 250 | | nonvoting members as follows: |
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251 | 251 | | (1) the presiding officer of the Connected and |
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252 | 252 | | Autonomous Vehicle Task Force of the Texas Department of |
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253 | 253 | | Transportation or a successor task force; |
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254 | 254 | | (2) the public safety director of the Department of |
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255 | 255 | | Public Safety or the director's designee; |
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256 | 256 | | (3) the following members appointed by the governor: |
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257 | 257 | | (A) two members who represent an entity that |
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258 | 258 | | manufactures or operates autonomous vehicles with a gross weight |
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259 | 259 | | rating of less than 10,000 pounds; |
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260 | 260 | | (B) two members who represent an entity that |
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261 | 261 | | manufactures or operates autonomous vehicles with a gross weight |
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262 | 262 | | rating of 10,000 pounds or more; |
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263 | 263 | | (C) one representative of the Texas A&M |
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264 | 264 | | Transportation Institute; |
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265 | 265 | | (D) one representative of the Center for |
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266 | 266 | | Transportation Research at The University of Texas at Austin; and |
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267 | 267 | | (E) one member of the public; |
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268 | 268 | | (4) one member of the public appointed by governor |
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269 | 269 | | from a list submitted by the lieutenant governor; |
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270 | 270 | | (5) one member of the public appointed by the governor |
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271 | 271 | | from a list submitted by the speaker of the house of |
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272 | 272 | | representatives; |
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273 | 273 | | (6) the presiding officer of the standing committee of |
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274 | 274 | | the senate with primary jurisdiction over business and commerce |
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275 | 275 | | matters, to serve ex officio as a nonvoting member; and |
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276 | 276 | | (7) the presiding officer of the standing committee of |
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277 | 277 | | the house of representatives with primary jurisdiction over |
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278 | 278 | | transportation matters, to serve ex officio as a nonvoting member. |
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279 | 279 | | (c) Appointed commission members serve for two-year terms. |
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280 | 280 | | (d) A vacancy on the commission shall be filled in the same |
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281 | 281 | | manner as the original appointment. |
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282 | 282 | | (e) The commission member described by Subsection (b)(2) |
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283 | 283 | | shall serve as the presiding officer. |
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284 | 284 | | Sec. 1007.003. ADMINISTRATIVE ATTACHMENT; FUNDING. (a) |
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285 | 285 | | The commission is administratively attached to the department. |
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286 | 286 | | (b) The commission shall be funded using existing funds of |
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287 | 287 | | the department. |
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288 | 288 | | (c) Employees of the department shall serve as the staff for |
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289 | 289 | | the commission, including by administering and enforcing the |
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290 | 290 | | provisions of Subchapter J, Chapter 545, relating to the |
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291 | 291 | | commission's duties under that subchapter. |
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292 | 292 | | (d) The department shall provide the facilities necessary |
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293 | 293 | | to assist the commission in carrying out the commission's duties. |
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294 | 294 | | Sec. 1007.004. DUTIES. The commission shall oversee the |
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295 | 295 | | administration and enforcement of the provisions of Subchapter J, |
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296 | 296 | | Chapter 545, relating to commission duties under that subchapter |
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297 | 297 | | and is responsible for the adoption of rules relating to those |
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298 | 298 | | provisions as provided by that subchapter. |
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299 | 299 | | Sec. 1007.005. APPLICATION OF SUNSET ACT. The commission |
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300 | 300 | | is subject to Chapter 325, Government Code (Texas Sunset Act). The |
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301 | 301 | | commission shall be reviewed during the period in which the |
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302 | 302 | | department is reviewed under Section 1001.005. Unless continued in |
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303 | 303 | | existence as provided by Chapter 325, Government Code, the |
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304 | 304 | | commission is abolished and this subchapter expires on the date on |
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305 | 305 | | which the department is subject to abolishment under that section. |
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306 | 306 | | SECTION 6. Section 17.45, Business & Commerce Code, is |
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307 | 307 | | amended by adding Subdivision (18) to read as follows: |
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308 | 308 | | (18) "Level 4 automation" and "Level 5 automation" |
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309 | 309 | | have the meanings assigned by Section 545.451, Transportation Code. |
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310 | 310 | | SECTION 7. Section 17.46(b), Business & Commerce Code, is |
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311 | 311 | | amended to read as follows: |
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312 | 312 | | (b) Except as provided in Subsection (d) of this section, |
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313 | 313 | | the term "false, misleading, or deceptive acts or practices" |
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314 | 314 | | includes, but is not limited to, the following acts: |
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315 | 315 | | (1) passing off goods or services as those of another; |
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316 | 316 | | (2) causing confusion or misunderstanding as to the |
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317 | 317 | | source, sponsorship, approval, or certification of goods or |
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318 | 318 | | services; |
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319 | 319 | | (3) causing confusion or misunderstanding as to |
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320 | 320 | | affiliation, connection, or association with, or certification by, |
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321 | 321 | | another; |
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322 | 322 | | (4) using deceptive representations or designations |
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323 | 323 | | of geographic origin in connection with goods or services; |
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324 | 324 | | (5) representing that goods or services have |
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325 | 325 | | sponsorship, approval, characteristics, ingredients, uses, |
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326 | 326 | | benefits, or quantities which they do not have or that a person has |
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327 | 327 | | a sponsorship, approval, status, affiliation, or connection which |
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328 | 328 | | the person does not; |
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329 | 329 | | (6) representing that goods are original or new if |
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330 | 330 | | they are deteriorated, reconditioned, reclaimed, used, or |
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331 | 331 | | secondhand; |
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332 | 332 | | (7) representing that goods or services are of a |
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333 | 333 | | particular standard, quality, or grade, or that goods are of a |
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334 | 334 | | particular style or model, if they are of another; |
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335 | 335 | | (8) disparaging the goods, services, or business of |
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336 | 336 | | another by false or misleading representation of facts; |
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337 | 337 | | (9) advertising goods or services with intent not to |
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338 | 338 | | sell them as advertised; |
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339 | 339 | | (10) advertising goods or services with intent not to |
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340 | 340 | | supply a reasonable expectable public demand, unless the |
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341 | 341 | | advertisements disclosed a limitation of quantity; |
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342 | 342 | | (11) making false or misleading statements of fact |
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343 | 343 | | concerning the reasons for, existence of, or amount of price |
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344 | 344 | | reductions; |
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345 | 345 | | (12) representing that an agreement confers or |
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346 | 346 | | involves rights, remedies, or obligations which it does not have or |
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347 | 347 | | involve, or which are prohibited by law; |
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348 | 348 | | (13) knowingly making false or misleading statements |
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349 | 349 | | of fact concerning the need for parts, replacement, or repair |
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350 | 350 | | service; |
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351 | 351 | | (14) misrepresenting the authority of a salesman, |
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352 | 352 | | representative or agent to negotiate the final terms of a consumer |
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353 | 353 | | transaction; |
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354 | 354 | | (15) basing a charge for the repair of any item in |
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355 | 355 | | whole or in part on a guaranty or warranty instead of on the value of |
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356 | 356 | | the actual repairs made or work to be performed on the item without |
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357 | 357 | | stating separately the charges for the work and the charge for the |
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358 | 358 | | warranty or guaranty, if any; |
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359 | 359 | | (16) disconnecting, turning back, or resetting the |
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360 | 360 | | odometer of any motor vehicle so as to reduce the number of miles |
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361 | 361 | | indicated on the odometer gauge; |
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362 | 362 | | (17) advertising of any sale by fraudulently |
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363 | 363 | | representing that a person is going out of business; |
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364 | 364 | | (18) advertising, selling, or distributing a card |
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365 | 365 | | which purports to be a prescription drug identification card issued |
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366 | 366 | | under Section 4151.152, Insurance Code, in accordance with rules |
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367 | 367 | | adopted by the commissioner of insurance, which offers a discount |
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368 | 368 | | on the purchase of health care goods or services from a third party |
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369 | 369 | | provider, and which is not evidence of insurance coverage, unless: |
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370 | 370 | | (A) the discount is authorized under an agreement |
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371 | 371 | | between the seller of the card and the provider of those goods and |
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372 | 372 | | services or the discount or card is offered to members of the |
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373 | 373 | | seller; |
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374 | 374 | | (B) the seller does not represent that the card |
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375 | 375 | | provides insurance coverage of any kind; and |
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376 | 376 | | (C) the discount is not false, misleading, or |
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377 | 377 | | deceptive; |
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378 | 378 | | (19) using or employing a chain referral sales plan in |
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379 | 379 | | connection with the sale or offer to sell of goods, merchandise, or |
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380 | 380 | | anything of value, which uses the sales technique, plan, |
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381 | 381 | | arrangement, or agreement in which the buyer or prospective buyer |
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382 | 382 | | is offered the opportunity to purchase merchandise or goods and in |
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383 | 383 | | connection with the purchase receives the seller's promise or |
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384 | 384 | | representation that the buyer shall have the right to receive |
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385 | 385 | | compensation or consideration in any form for furnishing to the |
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386 | 386 | | seller the names of other prospective buyers if receipt of the |
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387 | 387 | | compensation or consideration is contingent upon the occurrence of |
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388 | 388 | | an event subsequent to the time the buyer purchases the merchandise |
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389 | 389 | | or goods; |
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390 | 390 | | (20) representing that a guaranty or warranty confers |
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391 | 391 | | or involves rights or remedies which it does not have or involve, |
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392 | 392 | | provided, however, that nothing in this subchapter shall be |
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393 | 393 | | construed to expand the implied warranty of merchantability as |
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394 | 394 | | defined in Sections 2.314 through 2.318 and Sections 2A.212 through |
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395 | 395 | | 2A.216 to involve obligations in excess of those which are |
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396 | 396 | | appropriate to the goods; |
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397 | 397 | | (21) promoting a pyramid promotional scheme, as |
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398 | 398 | | defined by Section 17.461; |
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399 | 399 | | (22) representing that work or services have been |
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400 | 400 | | performed on, or parts replaced in, goods when the work or services |
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401 | 401 | | were not performed or the parts replaced; |
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402 | 402 | | (23) filing suit founded upon a written contractual |
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403 | 403 | | obligation of and signed by the defendant to pay money arising out |
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404 | 404 | | of or based on a consumer transaction for goods, services, loans, or |
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405 | 405 | | extensions of credit intended primarily for personal, family, |
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406 | 406 | | household, or agricultural use in any county other than in the |
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407 | 407 | | county in which the defendant resides at the time of the |
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408 | 408 | | commencement of the action or in the county in which the defendant |
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409 | 409 | | in fact signed the contract; provided, however, that a violation of |
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410 | 410 | | this subsection shall not occur where it is shown by the person |
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411 | 411 | | filing such suit that the person neither knew or had reason to know |
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412 | 412 | | that the county in which such suit was filed was neither the county |
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413 | 413 | | in which the defendant resides at the commencement of the suit nor |
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414 | 414 | | the county in which the defendant in fact signed the contract; |
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415 | 415 | | (24) failing to disclose information concerning goods |
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416 | 416 | | or services which was known at the time of the transaction if such |
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417 | 417 | | failure to disclose such information was intended to induce the |
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418 | 418 | | consumer into a transaction into which the consumer would not have |
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419 | 419 | | entered had the information been disclosed; |
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420 | 420 | | (25) using the term "corporation," "incorporated," or |
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421 | 421 | | an abbreviation of either of those terms in the name of a business |
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422 | 422 | | entity that is not incorporated under the laws of this state or |
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423 | 423 | | another jurisdiction; |
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424 | 424 | | (26) selling, offering to sell, or illegally promoting |
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425 | 425 | | an annuity contract under Chapter 22, Acts of the 57th Legislature, |
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426 | 426 | | 3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil |
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427 | 427 | | Statutes), with the intent that the annuity contract will be the |
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428 | 428 | | subject of a salary reduction agreement, as defined by that Act, if |
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429 | 429 | | the annuity contract is not an eligible qualified investment under |
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430 | 430 | | that Act; |
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431 | 431 | | (27) subject to Section 17.4625, taking advantage of a |
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432 | 432 | | disaster declared by the governor under Chapter 418, Government |
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433 | 433 | | Code, or by the president of the United States by: |
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434 | 434 | | (A) selling or leasing fuel, food, medicine, |
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435 | 435 | | lodging, building materials, construction tools, or another |
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436 | 436 | | necessity at an exorbitant or excessive price; or |
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437 | 437 | | (B) demanding an exorbitant or excessive price in |
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438 | 438 | | connection with the sale or lease of fuel, food, medicine, lodging, |
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439 | 439 | | building materials, construction tools, or another necessity; |
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440 | 440 | | (28) using the translation into a foreign language of |
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441 | 441 | | a title or other word, including "attorney," "immigration |
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442 | 442 | | consultant," "immigration expert," "lawyer," "licensed," "notary," |
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443 | 443 | | and "notary public," in any written or electronic material, |
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444 | 444 | | including an advertisement, a business card, a letterhead, |
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445 | 445 | | stationery, a website, or an online video, in reference to a person |
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446 | 446 | | who is not an attorney in order to imply that the person is |
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447 | 447 | | authorized to practice law in the United States; |
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448 | 448 | | (29) delivering or distributing a solicitation in |
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449 | 449 | | connection with a good or service that: |
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450 | 450 | | (A) represents that the solicitation is sent on |
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451 | 451 | | behalf of a governmental entity when it is not; or |
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452 | 452 | | (B) resembles a governmental notice or form that |
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453 | 453 | | represents or implies that a criminal penalty may be imposed if the |
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454 | 454 | | recipient does not remit payment for the good or service; |
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455 | 455 | | (30) delivering or distributing a solicitation in |
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456 | 456 | | connection with a good or service that resembles a check or other |
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457 | 457 | | negotiable instrument or invoice, unless the portion of the |
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458 | 458 | | solicitation that resembles a check or other negotiable instrument |
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459 | 459 | | or invoice includes the following notice, clearly and conspicuously |
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460 | 460 | | printed in at least 18-point type: |
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461 | 461 | | "SPECIMEN-NON-NEGOTIABLE"; |
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462 | 462 | | (31) in the production, sale, distribution, or |
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463 | 463 | | promotion of a synthetic substance that produces and is intended to |
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464 | 464 | | produce an effect when consumed or ingested similar to, or in excess |
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465 | 465 | | of, the effect of a controlled substance or controlled substance |
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466 | 466 | | analogue, as those terms are defined by Section 481.002, Health and |
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467 | 467 | | Safety Code: |
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468 | 468 | | (A) making a deceptive representation or |
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469 | 469 | | designation about the synthetic substance; or |
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470 | 470 | | (B) causing confusion or misunderstanding as to |
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471 | 471 | | the effects the synthetic substance causes when consumed or |
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472 | 472 | | ingested; |
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473 | 473 | | (32) a licensed public insurance adjuster directly or |
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474 | 474 | | indirectly soliciting employment, as defined by Section 38.01, |
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475 | 475 | | Penal Code, for an attorney, or a licensed public insurance |
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476 | 476 | | adjuster entering into a contract with an insured for the primary |
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477 | 477 | | purpose of referring the insured to an attorney without the intent |
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478 | 478 | | to actually perform the services customarily provided by a licensed |
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479 | 479 | | public insurance adjuster, provided that this subdivision may not |
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480 | 480 | | be construed to prohibit a licensed public insurance adjuster from |
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481 | 481 | | recommending a particular attorney to an insured; |
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482 | 482 | | (33) owning, operating, maintaining, or advertising a |
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483 | 483 | | massage establishment, as defined by Section 455.001, Occupations |
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484 | 484 | | Code, that: |
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485 | 485 | | (A) is not appropriately licensed under Chapter |
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486 | 486 | | 455, Occupations Code, or is not in compliance with the applicable |
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487 | 487 | | licensing and other requirements of that chapter; or |
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488 | 488 | | (B) is not in compliance with an applicable local |
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489 | 489 | | ordinance relating to the licensing or regulation of massage |
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490 | 490 | | establishments; [or] |
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491 | 491 | | (34) a warrantor of a vehicle protection product |
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492 | 492 | | warranty using, in connection with the product, a name that |
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493 | 493 | | includes "casualty," "surety," "insurance," "mutual," or any other |
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494 | 494 | | word descriptive of an insurance business, including property or |
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495 | 495 | | casualty insurance, or a surety business; |
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496 | 496 | | (35) advertising or otherwise representing a |
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497 | 497 | | technology or other product as capable of converting a motor |
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498 | 498 | | vehicle to an autonomous vehicle unless the motor vehicle when |
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499 | 499 | | equipped with the technology or other product is able to be operated |
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500 | 500 | | with Level 4 automation or Level 5 automation; or |
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501 | 501 | | (36) advertising or otherwise representing a motor |
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502 | 502 | | vehicle as an autonomous vehicle or as self-driving unless the |
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503 | 503 | | vehicle is able to be operated with Level 4 automation or Level 5 |
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504 | 504 | | automation. |
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505 | 505 | | SECTION 8. Section 17.46, Business & Commerce Code, as |
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506 | 506 | | amended by this Act, applies only to an act or practice that occurs |
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507 | 507 | | on or after September 1, 2025. An act or practice that occurs |
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508 | 508 | | before September 1, 2025, is governed by the law in effect on the |
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509 | 509 | | date the act or practice occurred, and the former law is continued |
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510 | 510 | | in effect for that purpose. |
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511 | 511 | | SECTION 9. (a) Not later than October 1, 2025, the |
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512 | 512 | | appropriate appointing authorities shall appoint the members of the |
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513 | 513 | | Autonomous Vehicle Commission as required by Section 1007.002, |
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514 | 514 | | Transportation Code, as added by this Act. |
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515 | 515 | | (b) Not later than December 1, 2025: |
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516 | 516 | | (1) the Autonomous Vehicle Commission shall adopt the |
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517 | 517 | | rules required by Subchapter J, Chapter 545, Transportation Code, |
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518 | 518 | | as amended by this Act, and any other rules necessary to administer |
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519 | 519 | | that subchapter; and |
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520 | 520 | | (2) the Public Safety Commission shall adopt the rule |
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521 | 521 | | required by Section 545.454(b)(1), Transportation Code, as added by |
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522 | 522 | | this Act. |
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523 | 523 | | (c) The Texas Department of Motor Vehicles is not required |
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524 | 524 | | to comply with Section 502.0433, Transportation Code, as added by |
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525 | 525 | | this Act, until January 1, 2026. |
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526 | 526 | | (d) A person is not required to comply with Subchapter J, |
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527 | 527 | | Chapter 545, Transportation Code, as amended by this Act, until |
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528 | 528 | | January 1, 2026. |
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529 | 529 | | SECTION 10. This Act takes effect immediately if it |
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530 | 530 | | receives a vote of two-thirds of all the members elected to each |
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531 | 531 | | house, as provided by Section 39, Article III, Texas Constitution. |
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532 | 532 | | If this Act does not receive the vote necessary for immediate |
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533 | 533 | | effect, this Act takes effect September 1, 2025. |
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