| 1 | 1 | | 89R5169 MZM-D |
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| 2 | 2 | | By: Gámez H.B. No. 4402 |
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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 human operators of certain automated motor vehicles. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 545.451(4), Transportation Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (4) "Human operator" means a natural person in an |
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| 14 | 14 | | automated motor vehicle who is capable of performing all aspects of |
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| 15 | 15 | | [controls] the entire dynamic driving task. |
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| 16 | 16 | | SECTION 2. Section 545.452(a), Transportation Code, is |
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| 17 | 17 | | amended to read as follows: |
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| 18 | 18 | | (a) Unless otherwise provided by this subchapter, the |
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| 19 | 19 | | operation of automated motor vehicles, including any commercial |
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| 20 | 20 | | use, and automated driving systems are governed exclusively by [: |
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| 21 | 21 | | [(1)] this subchapter [; and |
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| 22 | 22 | | [(2) Section 547.618]. |
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| 23 | 23 | | SECTION 3. Subchapter J, Chapter 545, Transportation Code, |
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| 24 | 24 | | is amended by adding Section 545.4525 to read as follows: |
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| 25 | 25 | | Sec. 545.4525. REQUIREMENTS OF HUMAN OPERATOR. A human |
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| 26 | 26 | | operator of an automated motor vehicle must hold a valid driver's |
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| 27 | 27 | | license issued under Chapter 521 or 522, as appropriate for the type |
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| 28 | 28 | | of vehicle operated. |
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| 29 | 29 | | SECTION 4. Section 545.453, Transportation Code, is amended |
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| 30 | 30 | | by adding Subsection (c) to read as follows: |
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| 31 | 31 | | (c) This section applies only to a motor vehicle that is not |
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| 32 | 32 | | a commercial motor vehicle, as defined by Section 522.003. |
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| 33 | 33 | | SECTION 5. Section 545.454(a), Transportation Code, is |
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| 34 | 34 | | amended to read as follows: |
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| 35 | 35 | | (a) An automated motor vehicle: |
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| 36 | 36 | | (1) that is not a commercial motor vehicle, as defined |
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| 37 | 37 | | by Section 522.003, may operate in this state with the automated |
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| 38 | 38 | | driving system engaged, regardless of whether a human operator is |
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| 39 | 39 | | physically present in the vehicle; and |
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| 40 | 40 | | (2) that is a commercial motor vehicle, as defined by |
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| 41 | 41 | | Section 522.003, may operate in this state with the automated |
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| 42 | 42 | | driving system engaged only if a human operator is physically |
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| 43 | 43 | | present in the vehicle. |
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| 44 | 44 | | SECTION 6. Section 547.618, Transportation Code, is |
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| 45 | 45 | | repealed. |
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| 46 | 46 | | SECTION 7. This Act takes effect September 1, 2025. |
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