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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of automated motor vehicles on highways |
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in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 545, Transportation Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. OPERATION OF AUTOMATED MOTOR VEHICLES |
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Sec. 545.451. DEFINITIONS. In this subchapter: |
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(1) "Automated driving system" means hardware and |
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software that are collectively capable, when installed on a motor |
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vehicle and engaged, of performing all aspects of the dynamic |
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driving task for the vehicle on a part-time or full-time basis |
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without supervision by a human operator. |
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(2) "Automated motor vehicle" means a motor vehicle on |
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which an automated driving system is installed. |
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(3) "Department" means the Texas Department of Motor |
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Vehicles. |
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(4) "Dynamic driving task" means the operational and |
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tactical aspects of operating a vehicle. The term: |
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(A) includes: |
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(i) operational aspects, including |
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steering, braking, accelerating, and monitoring the vehicle and the |
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roadway; and |
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(ii) tactical aspects, including |
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responding to events, determining when to change lanes, turning, |
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using signals, and other related actions; and |
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(B) does not include strategic aspects, |
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including determining destinations or waypoints. |
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Sec. 545.452. SUBCHAPTER AND DEPARTMENT GOVERN |
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EXCLUSIVELY. (a) Unless otherwise provided by this subchapter, |
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the following are governed exclusively by this subchapter: |
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(1) automated motor vehicles, including any |
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commercial use or operation of automated motor vehicles; and |
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(2) automated driving systems. |
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(b) The department is the only state agency that may |
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implement the provisions of this subchapter. No other state agency |
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or entity may impose requirements or adopt regulations governing |
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the operation of automated motor vehicles or automated driving |
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systems in this state that are in addition to or otherwise |
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inconsistent with this subchapter. |
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(c) A political subdivision of this state may not impose a |
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local fee, registration requirement, franchise, or other |
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regulation related to an automated motor vehicle or automated |
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driving system. |
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Sec. 545.453. OPERATOR OF AUTOMATED MOTOR VEHICLE. (a) When |
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engaged, an automated driving system installed on a motor vehicle |
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is: |
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(1) notwithstanding Section 541.001, considered the |
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operator of the vehicle for the purpose of assessing compliance |
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with applicable traffic or motor vehicle laws; and |
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(2) considered to be licensed to operate the vehicle |
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and satisfy all physical acts required of the operator of a vehicle. |
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(b) Notwithstanding any other law: |
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(1) an automated driving system installed on a motor |
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vehicle may be considered the operator of the vehicle; and |
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(2) a licensed human operator is not required to |
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operate a motor vehicle if an automated driving system installed on |
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the vehicle is engaged. |
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Sec. 545.454. AUTOMATED MOTOR VEHICLE OPERATION. (a) |
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Subject to this subchapter, the owner of an automated motor vehicle |
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or an operator authorized by the owner may operate the vehicle on a |
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highway in this state with the automated driving system engaged, |
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regardless of whether a human operator is physically present in the |
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vehicle: |
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(1) to test the vehicle; |
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(2) to provide a transportation service to individual |
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passengers; or |
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(3) for any other use. |
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(b) An automated motor vehicle may not be operated on a |
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highway in this state with the automated driving system engaged |
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unless the owner or authorized operator of the vehicle: |
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(1) obtains and provides evidence to the department, |
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in a form prescribed by the department, of an instrument of |
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insurance, surety bond, or proof of self-insurance in the amount of |
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at least $10 million; and |
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(2) ensures that the vehicle is: |
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(A) capable of operating in compliance with |
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applicable traffic and motor vehicle laws of this state, subject to |
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this subchapter; |
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(B) equipped with a data recording system with |
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the capacity to record, before an accident involving the vehicle: |
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(i) the status of the automated driving |
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system; and |
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(ii) other vehicle attributes, including |
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speed, direction, and location; |
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(C) in compliance with applicable federal law; |
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and |
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(D) registered and titled in accordance with the |
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laws of this state. |
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Sec. 545.455. PRIVACY POLICY; DATA COLLECTION. (a) An |
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owner or operator of an automated motor vehicle that is used to |
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offer a transportation service to individual passengers shall make |
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publicly available a privacy statement disclosing the data handling |
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practices of the owner or operator in connection with the vehicle. |
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(b) An individual passenger of a transportation service |
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that uses automated motor vehicles is considered to consent to the |
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collection of data as described in an applicable privacy statement |
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under Subsection (a) while a passenger in the vehicle. |
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Sec. 545.456. LIABILITY. The manufacturer of an automated |
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motor vehicle is not liable, including for equitable relief, for |
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damage that arises from any modification made by a person other than |
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the manufacturer or without the consent of the manufacturer to: |
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(1) the automated motor vehicle; or |
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(2) an automated driving system installed on the |
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automated motor vehicle. |
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SECTION 2. This Act takes effect September 1, 2017. |