SB 2425, Sen 2nd Rdg, Amnd #F1

(1) In SECTION 1 of the bill, in amended Section 545.451(2), Transportation Code (page 1, line 40), between "installed" and the period, insert "that is capable of being operated with Level 4 automation or Level 5 automation".

(2) In SECTION 1 of the bill, in amended Section 545.451, Transportation Code, strike "Society of Automotive Engineers" and substitute "SAE" in each of the following places it appears:

(A) in added Subdivision (8) (page 2, line 5);

(B) in added Subdivision (9) (page 2, line 9); and

(3) In SECTION 1 of the bill, strike amended Section 545.452, Transportation Code (page 2, lines 27-31).

(4) In SECTION 1 of the bill, in added Section 545.453, Transportation Code (page 2, line 32), strike "Sec. 545.453." and substitute "Sec. 545.452.".

(5) In SECTION 1 of the bill, in added Section 545.453(b), Transportation Code (page 2, lines 47-50), strike "Notwithstanding any other law, a traffic or motor vehicle law adopted by a political subdivision of this state may not be enforced against an automated motor vehicle to which this subchapter applies.".

(6) In SECTION 1 of the bill, in added Section 545.453(c), Transportation Code (page 2, line 53), strike "to which this subchapter applies".

(7) In SECTION 1 of the bill, in added Section 545.454, Transportation Code (page 2, line 56), strike "545.454 [~~545.453~~]" and substitute "545.453".

(8) In SECTION 1 of the bill, strike added Section 545.455, Transportation Code (page 2, line 58, though page 3, line 12), and substitute the following:

Sec. 545.454. [~~OPERATOR OF AUTOMATED MOTOR~~] VEHICLE OPERATORS. (a) When an automated driving system installed on a motor vehicle is engaged, the automated driving system is the operator of the vehicle, including for purposes of assessing compliance with applicable traffic or motor vehicle laws.

(b) When an automated driving system installed on an automated motor vehicle is engaged,[:

[~~(1)~~] the owner of, or if the vehicle is operating under an authorization issued by the department under Section 545.456, the authorization holder for, the automated motor vehicle shall be issued any citation for a violation of traffic or motor vehicle laws related to the vehicle [driving system 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 automated driving system is considered to be licensed to operate the vehicle~~].

(c) [~~(b)~~] Notwithstanding any other law, neither a licensed human driver nor a license issued under Chapter 521 or 522 [~~operator~~] is [~~not~~] required to operate an automated [a] motor vehicle if the [an] automated driving system installed on the vehicle is engaged.

(9) In SECTION 1 of the bill, in added Section 545.456(a), Transportation Code (page 3, line 14), between "Any" and "vehicle", insert "motor".

(10) In SECTION 1 of the bill, in added Section 545.456(a), Transportation Code (page 3, line 15), strike ", and an [An]" and substitute ". An".

(11) In SECTION 1 of the bill, in added Section 545.456(c), Transportation Code (page 3, lines 43-44), strike "for hire or compensation or for research purposes" and substitute "in furtherance of a commercial enterprise".

(12) In SECTION 1 of the bill, in added Section 545.457(a), Transportation Code (page 4, line 10), strike "for hire or compensation or for research purposes" and substitute "in furtherance of a commercial enterprise".

(13) In SECTION 1 of the bill, in added Section 545.457(g), Transportation Code (page 4, line 65), strike "on" and substitute "upon".

(14) In SECTION 1 of the bill, in added Section 545.460(g), Transportation Code (page 5, lines 64-66), strike "or the department determines that the certification provided to the department under that subsection is materially inaccurate".

(15) In SECTION 1 of the bill, strike added Section 545.460(j), Transportation Code (page 6, lines 21-28), and substitute the following:

(j) The department shall promptly rescind a suspension, revocation, or cancellation under this section or remove a restriction under this section at any time if the authorization holder subsequently takes the actions required by Subsections (d)(1) and (2).

(16) In SECTION 1 of the bill, strike added Section 545.460(l), Transportation Code (page 6, lines 43-46), and substitute the following:

(l) The contested case provisions of Chapter 2001, Government Code, including the right to judicial review, apply to a proceeding under Subsection (k).

(17) In SECTION 1 of the bill, renumber the sections of amended Subchapter J, Chapter 545, Transportation Code, and cross-references to those sections as follows:

(A) on page 1, line 42, strike "545.457" and substitute "545.456";

(B) on page 3, line 13, strike "545.456" and substitute "545.455";

(D) on page 4, line 6, strike "545.457" and substitute "545.456";

(E) on page 4, line 42, strike "545.456(c)(2)" and substitute "545.455(c)(2)";

(F) on page 5, line 1, strike "545.458" and substitute "545.457";

(G) on page 5, line 7, strike "545.459" and substitute "545.458";

(H) on page 5, line 18, strike "545.460" and substitute "545.459";

(I) on page 5, line 20, strike "545.457" and substitute "545.456";

(J) on page 6, line 47, strike "545.457" and substitute "545.456"; and

(K) on page 6, line 53, strike "545.457" and substitute "545.456".

(18) Strike SECTION 2 of the bill, adding Section 1954.0515, Insurance Code (page 6, lines 57-64), and substitute the following:

SECTION 2. Subchapter A, Chapter 1954, Insurance Code, is amended by adding Section 1954.003 to read as follows:

Sec. 1954.003. APPLICABILITY TO AUTOMATED MOTOR VEHICLES. An automated motor vehicle, as defined by Section 545.451, Transportation Code, is considered a transportation network company driver for purposes of Subchapter B, and the coverage requirements of that subchapter apply to the automated motor vehicle.

(19) In the recital to SECTION 3 of the bill (page 6, line 66), strike "Subdivisions (1) and (5)" and substitute "Subdivision (1)".

(20) In SECTION 3 of the bill, strike amended Section 2402.001(5), Occupations Code (page 7, lines 4-22).

(21) In SECTION 4 of the bill, in added Section 2402.005, Occupations Code (page 7, lines 26-29), strike added Subsection (a), substitute the following appropriately lettered subsections, and reletter the subsections of that section as appropriate:

(__) A corporation, partnership, sole proprietorship, or other entity that, for compensation, enables a passenger to prearrange a ride in an automated motor vehicle through the entity's digital network is a transportation network company and is subject to the requirements of this chapter, except as otherwise provided by this section.

(__) A transportation network company holding a permit under this chapter may use automated motor vehicles owned by the company or operated under a contract with the company to provide digitally prearranged rides through the company's digital network.

(22) In SECTION 7(a)(2) of the bill, providing transition language (page 7, line 52), strike "545.456(c)(2)" and substitute "545.455(c)(2)".

(23) Add the following appropriately numbered SECTIONS to the bill and renumber the SECTIONS of the bill as appropriate:

SECTION ____. Section 643.054(a-2), Transportation Code, is amended to read as follows:

(a-2) The department may deny a registration if the applicant is owned, operated, managed, or otherwise controlled by or affiliated with a person, including a family member, corporate officer, entity, or shareholder, that the Department of Public Safety has determined has:

(1) an unsatisfactory safety rating under 49 C.F.R. Part 385; or

(2) multiple violations of Chapter 644, a rule adopted under that chapter, or Subtitle C, other than Section 545.455(c).

SECTION ____. Section 643.058(e), Transportation Code, is amended to read as follows:

(e) The department may deny a motor carrier's application to renew a registration if the motor carrier is owned, operated, managed, or otherwise controlled by or affiliated with a person, including a family member, corporate officer, entity, or shareholder, that:

(1) the Department of Public Safety has determined has:

(A) an unsatisfactory safety rating under 49 C.F.R. Part 385; or

(B) multiple violations of Chapter 644, a rule adopted under that chapter, or Subtitle C, other than Section 545.455(c);

(2) owned, operated, managed, or otherwise controlled a motor carrier that the Federal Motor Carrier Safety Administration has placed out of service for unacceptable safety compliance; or

(3) has unpaid administrative penalties assessed under this chapter or Subtitle E.

SECTION ____. Section 643.0585(c), Transportation Code, is amended to read as follows:

(c) The department may deny a motor carrier's application for reregistration if the motor carrier is owned, operated, managed, or otherwise controlled by or affiliated with a person, including a family member, corporate officer, entity, or shareholder, that: