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A BILL TO BE ENTITLED
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AN ACT
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relating to automated motor vehicles. |
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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, when installed on a motor vehicle and engaged, are |
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collectively capable of performing, without any intervention or |
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supervision by a human operator: |
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(A) all aspects of the entire dynamic driving |
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task for the vehicle on a sustained basis; and |
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(B) any fallback maneuvers necessary to respond |
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to a failure of the system. |
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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) "Entire dynamic driving task" means the |
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operational and 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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(4) "Human operator" means a natural person in an |
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automated motor vehicle who controls the entire dynamic driving |
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task. |
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(5) "Owner" has the meaning assigned by Section |
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501.002(19), except that the term includes a manufacturer of an |
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automated motor vehicle or of an automated driving system. |
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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) A political subdivision of this state or a state agency |
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may not impose a franchise or other regulation related to an |
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automated motor vehicle or automated driving system. |
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Sec. 545.453. OPERATOR OF AUTOMATED MOTOR VEHICLE. |
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(a) When an automated driving system installed on a motor vehicle |
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is engaged: |
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(1) the owner of the automated driving system is |
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considered the operator of the automated motor vehicle solely for |
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the purpose of assessing compliance with applicable traffic or |
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motor vehicle laws, regardless of whether the person is physically |
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present in the vehicle while the vehicle is operating; and |
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(2) the automated driving system is considered to be |
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licensed to operate the vehicle. |
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(b) Notwithstanding any other law, a licensed human |
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operator is not required to operate a motor vehicle if an automated |
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driving system installed on the vehicle is engaged. |
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Sec. 545.454. AUTOMATED MOTOR VEHICLE OPERATION. (a) An |
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automated motor vehicle may operate in this state with the |
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automated driving system engaged, regardless of whether a human |
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operator is physically present in the vehicle. |
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(b) An automated motor vehicle may not operate on a highway |
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in this state with the automated driving system engaged unless the |
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vehicle is: |
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(1) capable of operating in compliance with applicable |
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traffic and motor vehicle laws of this state, subject to this |
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subchapter; |
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(2) equipped with a recording device system as defined |
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by Section 547.615; |
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(3) in compliance with applicable federal law and |
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Federal Motor Vehicle Safety Standards; |
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(4) registered and titled in accordance with the laws |
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of this state; and |
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(5) covered by motor vehicle liability coverage or |
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self-insurance in an amount equal to the amount of coverage that is |
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required under the laws of this state. |
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Sec. 545.455. DUTIES FOLLOWING ACCIDENT INVOLVING |
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AUTOMATED MOTOR VEHICLE. In the event of an accident involving an |
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automated motor vehicle, the automated motor vehicle or any human |
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operator of the automated motor vehicle shall, regardless of |
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whether the operator is required to do so under Chapter 550: |
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(1) stop the vehicle at or return the vehicle to the |
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scene of the accident; and |
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(2) immediately by the quickest means of communication |
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give notice of the accident to the: |
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(A) local police department if the accident |
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occurred in a municipality; |
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(B) local police department or the sheriff's |
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office if the accident occurred not more than 100 feet outside the |
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limits of a municipality; or |
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(C) sheriff's office or the nearest office of the |
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Department of Public Safety if the accident is not required to be |
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reported under Paragraph (A) or (B). |
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Sec. 545.456. LIABILITY. (a) The manufacturer of an |
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automated motor vehicle or the manufacturer of an automated driving |
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system is not liable, including for equitable relief, for damage |
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that arises from modifications made by a person other than the |
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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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(b) Subsection (a) does not supersede or otherwise affect |
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any contractual obligations between an automated motor vehicle |
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manufacturer or automated driving system manufacturer and a person |
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that modifies a motor vehicle after the vehicle is manufactured by |
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installing an automated driving system in the vehicle to convert |
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the vehicle to an automated motor vehicle. |
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Sec. 545.457. VEHICLE CLASSIFICATION. An owner as defined |
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by Section 502.001(31) may identify the vehicle to the department |
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as an automated motor vehicle or an automated driving system. |
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SECTION 2. (a) In this section, "a request to intervene" |
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means notification by a vehicle to the human driver that the driver |
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should promptly begin or resume performance of the entire dynamic |
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driving task. |
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(b) For purposes of Subchapter J, Chapter 545, |
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Transportation Code, as added by this Act, a motor vehicle equipped |
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with hardware and software capable of engaging in the entire |
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dynamic driving task with the expectation that a human driver will |
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respond appropriately to a request to intervene is subject to |
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Sections 545.452(b) and 545.456, Transportation Code, as added by |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |
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* * * * * |