By: Bryant H.B. No. 5426

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of automated motor vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 14, Occupations Code, is amended by adding Chapter 2313 to read as follows:

CHAPTER 2313. AUTOMATED MOTOR VEHICLES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2313.001. DEFINITIONS. In this chapter:

(1) "Automated driving system," "automated motor vehicle," and "human operator" have the meanings assigned by Section 545.451, Transportation Code.

(2) "Commission" means the Texas Commission of Licensing and Regulation.

(3) "Department" means the Texas Department of Licensing and Regulation.

SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT

Sec. 2313.051. RULES. The commission shall adopt rules as necessary to implement this chapter.

Sec. 2313.052. DATA SHARING. The department may share information collected under this chapter with the Texas Department of Transportation, the Texas Department of Motor Vehicles, the Department of Public Safety, and any other relevant governmental entity as appropriate.

SUBCHAPTER C. PERMIT REQUIREMENTS

Sec. 2313.101. PERMIT REQUIRED. The department shall issue a permit under this subchapter authorizing a holder of the permit to operate automated motor vehicles on public roadways in this state without a human operator operating the vehicle from within the vehicle.

Sec. 2313.102. PERMIT APPLICATION. (a) An applicant for a permit under this subchapter shall apply to the department in the form and manner prescribed by commission rule.

(b) A person is not eligible for a permit under this subchapter unless the person has tested the applicable automated driving system on public roadways with a human operator for not less than three years.

(c) An application for a permit under this subchapter must include:

(1) evidence satisfactory to the department that the applicant has satisfied the testing requirement prescribed by Subsection (b); and

(2) any other information required by commission rule.

Sec. 2313.103. RECORDKEEPING AND REPORTING REQUIREMENTS. A permit holder shall, in the form and manner prescribed by commission rule:

(1) record each traffic collision involving an automated motor vehicle operating under the permit;

(2) record each non-testing error occurring on a public roadway involving the automated driving system of an automated motor vehicle operating under the permit; and

(3) annually report the information described by Subdivisions (1) and (2) to the department.

Sec. 2313.104. PERMIT TERM; RENEWAL. (a) A permit issued under this subchapter is valid for three years.

(b) A permit under this subchapter may be renewed in the same manner as an original application for the permit under Section 2313.102.

Sec. 2313.105. INFORMATION REQUIRED TO BE DISPLAYED ON AUTOMATED MOTOR VEHICLE. A permit holder shall, in the form and manner prescribed by commission rule, display a sticker or other material affixed on each automated motor vehicle operating under the permit that:

(1) indicates that the vehicle is operated by an automated driving system; and

(2) includes a department phone number for persons involved in a traffic collision involving the vehicle.

SUBCHAPTER Z. ENFORCEMENT

Sec. 2313.951. PERMIT SUSPENSION OR RECISSION. The department may suspend or revoke a permit issued under this chapter for a violation of this chapter.

SECTION 2. Section 545.451, Transportation Code, is amended by amending Subdivision (2) and adding Subdivisions (4-a) and (4-b) to read as follows:

(2) "Automated motor vehicle" means a motor vehicle on which an automated driving system is installed that is capable of being operated with Level 4 automation or Level 5 automation.

(4-a) "Level 4 automation" means a standard of automation meeting the criteria for Level 4 specified in the Society of Automotive Engineers International Standard J3016 (April 2021).

(4-b) "Level 5 automation" means a standard of automation meeting the criteria for Level 5 specified in the Society of Automotive Engineers International Standard J3016 (April 2021).

SECTION 3. Section 545.452, Transportation Code, is amended to read as follows:

Sec. 545.452. EXCLUSIVE REGULATION OF THE OPERATION OF AUTOMATED MOTOR VEHICLES AND AUTOMATED DRIVING SYSTEMS. (a) Unless otherwise provided by this subchapter, the operation of automated motor vehicles, including any commercial use, and automated driving systems are governed exclusively by:

(1) this subchapter; [and]

(2) Section 547.618; and

(3) Chapter 2313, Occupations Code.

(b) A political subdivision of this state [or a state agency] may not impose a franchise or other regulation related to the operation of an automated motor vehicle or automated driving system.

SECTION 4. Section 545.454, Transportation Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a) Subject to Subsection (c), an [An] automated motor vehicle may operate in this state with the automated driving system engaged, regardless of whether a human operator is physically present in the vehicle.

(c) An automated motor vehicle may not operate on a highway in this state without a human operator physically present in the vehicle unless a permit covering the vehicle has been issued under Chapter 2313, Occupations Code, and is in effect.

SECTION 5. (a) Not later than December 1, 2025, the Texas Commission of Licensing and Regulation shall adopt rules to implement Chapter 2313, Occupations Code, as added by this Act.

(b) A person is not required to comply with Subchapter J, Chapter 545, Transportation Code, as amended by this Act, until January 1, 2026.

SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.