89R5169 MZM-D By: Gámez H.B. No. 4402 A BILL TO BE ENTITLED AN ACT relating to human operators of certain automated motor vehicles. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 545.451(4), Transportation Code, is amended to read as follows: (4) "Human operator" means a natural person in an automated motor vehicle who is capable of performing all aspects of [controls] the entire dynamic driving task. SECTION 2. Section 545.452(a), Transportation Code, is amended to read as follows: (a) Unless otherwise provided by this subchapter, the operation of automated motor vehicles, including any commercial use, and automated driving systems are governed exclusively by [: [(1)] this subchapter [; and [(2) Section 547.618]. SECTION 3. Subchapter J, Chapter 545, Transportation Code, is amended by adding Section 545.4525 to read as follows: Sec. 545.4525. REQUIREMENTS OF HUMAN OPERATOR. A human operator of an automated motor vehicle must hold a valid driver's license issued under Chapter 521 or 522, as appropriate for the type of vehicle operated. SECTION 4. Section 545.453, Transportation Code, is amended by adding Subsection (c) to read as follows: (c) This section applies only to a motor vehicle that is not a commercial motor vehicle, as defined by Section 522.003. SECTION 5. Section 545.454(a), Transportation Code, is amended to read as follows: (a) An automated motor vehicle: (1) that is not a commercial motor vehicle, as defined by Section 522.003, may operate in this state with the automated driving system engaged, regardless of whether a human operator is physically present in the vehicle; and (2) that is a commercial motor vehicle, as defined by Section 522.003, may operate in this state with the automated driving system engaged only if a human operator is physically present in the vehicle. SECTION 6. Section 547.618, Transportation Code, is repealed. SECTION 7. This Act takes effect September 1, 2025.