BILL ANALYSIS

 

 

Senate Research Center

S.B. 2205

 

By: Hancock

 

Transportation

 

6/20/2017

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

This bill seeks to implement minimum safety requirements and define terms relating to autonomous vehicles (AV) and automated driving systems (ADS).

                                         

 

 

 

 

 

 

 

 

 

 

 

 

 

S.B. 2205 amends current law relating to automated motor vehicles.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 545, Transportation Code, by adding Subchapter J, as follows:

 

SUBCHAPTER J. OPERATION OF AUTOMATED MOTOR VEHICLES

 

Sec. 545.451. DEFINITIONS. Defines "automated driving system," "automated motor vehicle," "entire dynamic driving task," "human operator," and "owner."

 

Sec. 545.452. SUBCHAPTER AND DEPARTMENT GOVERN EXCLUSIVELY. (a) Provides that, unless otherwise provided by this subchapter, automated motor vehicles, including any commercial use or operation of automated motor vehicles, and automated driving systems (ADSs) are governed exclusively by this subchapter.

 

(b) Prohibits a political subdivision of this state or a state agency from imposing a franchise or other regulation related to the operation of an automated motor vehicle or ADS.

 

Sec. 545.453. OPERATOR OF AUTOMATED MOTOR VEHICLE. (a) Provides that when an ADS installed on a motor vehicle is engaged:

 

(1) the owner of the ADS 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 ADS� is considered to be licensed to operate the vehicle.

 

(b) Provides that, notwithstanding any other law, a licensed human operator is not required to operate a motor vehicle if an ADS installed on the vehicle is engaged.

 

Sec. 545.454. AUTOMATED MOTOR VEHICLE OPERATION. (a) Authorizes an automated motor vehicle to operate in this state with the ADS engaged, regardless of whether a human operator is physically present in the vehicle.

 

(b) Prohibits an automated motor vehicle from operating on a highway in this state with the ADS engaged unless the vehicle is:

 

(1) capable of operating incompliance with applicable traffic and motor vehicle laws of this state, subject to this subchapter;

 

(2) equipped with a recording device system as defined by Section 547.615(a) (relating to the definitions of "owner" and "recording device"), installed by the manufacturer of the automated motor vehicle or ADS;

 

(3) equipped with an ADS 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. Requires the automated motor vehicle or any human operator of the automated motor vehicle, in the event of an accident involving an automated motor vehicle, to comply with Chapter 550 (Accidents and Accident Reports).

 

Sec. 545.456. VEHICLE CLASSIFICATION. (a) Authorizes an owner as defined by Section 502.001(31) (relating to the definition of "owner") to identify the vehicle to the Texas Department of Public Safety as an automated motor vehicle or an ADS.

 

SECTION 2. (a) Defines "a request to intervene."

 

(b) Provides that, 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) Requires that nothing in Subchapter J, Chapter 545, Transportation Code, as added by this Act, 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. Effective date: September 1, 2017.