BILL ANALYSIS

H.B. 4402

By: Gámez

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Texas law currently allows autonomous commercial vehicles to operate on public roads without a human driver but the bill author has informed the committee that stakeholders and constituents have expressed concerns about the safety risks posed by unmanned autonomous trucks, particularly in unpredictable driving conditions, and the bill author has further informed the committee of additional clarifications needed in current law regarding automated vehicles. H.B. 4402 seeks to ensure that an automated motor vehicle that is a commercial motor vehicle operates in Texas with the automated driving system engaged only if a human operator is physically present in the vehicle, requires the operator of any automated motor vehicle to hold a valid driver's license or commercial driver's license, as appropriate for the type of vehicle operated, clarifies the applicability of current law regarding automated motor vehicles that are not commercial vehicles, and repeals a provision regarding equipment required for automated motor vehicles.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4402 amends the Transportation Code to require an automated motor vehicle that is a commercial motor vehicle to operate in Texas with the automated driving system engaged only if a human operator is physically present in the vehicle. The bill clarifies that the automated motor vehicle that may operate in Texas with the automated driving system engaged, regardless of whether a human operator is physically present in the vehicle, is not a commercial motor vehicle.

H.B. 4402 requires the operator of an automated motor vehicle to hold a valid driver's license or commercial driver's license, as appropriate for the type of vehicle operated.

H.B. 4402 changes the definition of "human operator," for purposes of provisions governing the operation of automated motor vehicles, from a natural person in an automated motor vehicle who controls the entire dynamic driving task to a natural person in an automated motor vehicle who is capable of performing all aspects of the entire dynamic driving task.

H.B. 4402 establishes that the following provisions of current law relating to the operator of an automated motor vehicle are applicable only to a motor vehicle that is not a commercial motor vehicle when an automated driving system installed on a motor vehicle is engaged:

· the owner of the automated 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;

· the automated driving system is considered to be licensed to operate the vehicle; and

· a licensed human operator is not required to operate a motor vehicle.

H.B. 4402 repeals a provision that does the following:

· exempts an automated motor vehicle that is designed to be operated exclusively by the automated driving system for all trips from state motor vehicle equipment laws or regulations that relate to or support motor vehicle operation by a human driver and that are not relevant for an automated driving system; and

· provides that, if a vehicle safety inspection is required for the operation of an automated motor vehicle that is designed to be operated exclusively by the automated driving system for all trips, the vehicle must be considered to pass inspection with respect to the requirements from which the vehicle is so exempt or with respect to any equipment the inspection of which is not required under applicable state law governing vehicles and equipment subject to inspection.

H.B. 4402 repeals Section 547.618, Transportation Code.

EFFECTIVE DATE

September 1, 2025.