By: Bryant H.B. No. 5426
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of automated motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 14, Occupations Code, is
amended by adding Chapter 2313 to read as follows:
CHAPTER 2313. AUTOMATED MOTOR VEHICLES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2313.001. DEFINITIONS. In this chapter:
(1) "Automated driving system," "automated motor
vehicle," and "human operator" have the meanings assigned by
Section 545.451, Transportation Code.
(2) "Commission" means the Texas Commission of
Licensing and Regulation.
(3) "Department" means the Texas Department of
Licensing and Regulation.
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
Sec. 2313.051. RULES. The commission shall adopt rules as
necessary to implement this chapter.
Sec. 2313.052. DATA SHARING. The department may share
information collected under this chapter with the Texas Department
of Transportation, the Texas Department of Motor Vehicles, the
Department of Public Safety, and any other relevant governmental
entity as appropriate.
SUBCHAPTER C. PERMIT REQUIREMENTS
Sec. 2313.101. PERMIT REQUIRED. The department shall issue
a permit under this subchapter authorizing a holder of the permit to
operate automated motor vehicles on public roadways in this state
without a human operator operating the vehicle from within the
vehicle.
Sec. 2313.102. PERMIT APPLICATION. (a) An applicant for a
permit under this subchapter shall apply to the department in the
form and manner prescribed by commission rule.
(b) A person is not eligible for a permit under this
subchapter unless the person has tested the applicable automated
driving system on public roadways with a human operator for not less
than three years.
(c) An application for a permit under this subchapter must
include:
(1) evidence satisfactory to the department that the
applicant has satisfied the testing requirement prescribed by
Subsection (b); and
(2) any other information required by commission rule.
Sec. 2313.103. RECORDKEEPING AND REPORTING REQUIREMENTS. A
permit holder shall, in the form and manner prescribed by
commission rule:
(1) record each traffic collision involving an
automated motor vehicle operating under the permit;
(2) record each non-testing error occurring on a
public roadway involving the automated driving system of an
automated motor vehicle operating under the permit; and
(3) annually report the information described by
Subdivisions (1) and (2) to the department.
Sec. 2313.104. PERMIT TERM; RENEWAL. (a) A permit issued
under this subchapter is valid for three years.
(b) A permit under this subchapter may be renewed in the
same manner as an original application for the permit under Section
2313.102.
Sec. 2313.105. INFORMATION REQUIRED TO BE DISPLAYED ON
AUTOMATED MOTOR VEHICLE. A permit holder shall, in the form and
manner prescribed by commission rule, display a sticker or other
material affixed on each automated motor vehicle operating under
the permit that:
(1) indicates that the vehicle is operated by an
automated driving system; and
(2) includes a department phone number for persons
involved in a traffic collision involving the vehicle.
SUBCHAPTER Z. ENFORCEMENT
Sec. 2313.951. PERMIT SUSPENSION OR RECISSION. The
department may suspend or revoke a permit issued under this chapter
for a violation of this chapter.
SECTION 2. Section 545.451, Transportation Code, is amended
by amending Subdivision (2) and adding Subdivisions (4-a) and (4-b)
to read as follows:
(2) "Automated motor vehicle" means a motor vehicle on
which an automated driving system is installed that is capable of
being operated with Level 4 automation or Level 5 automation.
(4-a) "Level 4 automation" means a standard of
automation meeting the criteria for Level 4 specified in the
Society of Automotive Engineers International Standard J3016
(April 2021).
(4-b) "Level 5 automation" means a standard of
automation meeting the criteria for Level 5 specified in the
Society of Automotive Engineers International Standard J3016
(April 2021).
SECTION 3. Section 545.452, Transportation Code, is amended
to read as follows:
Sec. 545.452. EXCLUSIVE REGULATION OF THE OPERATION OF
AUTOMATED MOTOR VEHICLES AND AUTOMATED DRIVING SYSTEMS. (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; and
(3) Chapter 2313, Occupations Code.
(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.
SECTION 4. Section 545.454, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Subject to Subsection (c), an [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.
(c) An automated motor vehicle may not operate on a highway
in this state without a human operator physically present in the
vehicle unless a permit covering the vehicle has been issued under
Chapter 2313, Occupations Code, and is in effect.
SECTION 5. (a) Not later than December 1, 2025, the Texas
Commission of Licensing and Regulation shall adopt rules to
implement Chapter 2313, Occupations Code, as added by this Act.
(b) A person is not required to comply with Subchapter J,
Chapter 545, Transportation Code, as amended by this Act, until
January 1, 2026.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.