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  85R12859 BEE-F
 
  By: Geren H.B. No. 3475
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of automated motor vehicles on highways
  in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 545, Transportation Code, is amended by
  adding Subchapter J to read as follows:
  SUBCHAPTER J. OPERATION OF AUTOMATED MOTOR VEHICLES
         Sec. 545.451.  DEFINITIONS. In this subchapter:
               (1)  "Automated driving system" means hardware and
  software that are collectively capable, when installed on a motor
  vehicle and engaged, of performing all aspects of the dynamic
  driving task for the vehicle on a part-time or full-time basis
  without supervision by a human operator.
               (2)  "Automated motor vehicle" means a motor vehicle on
  which an automated driving system is installed.
               (3)  "Department" means the Texas Department of Motor
  Vehicles.
               (4)  "Dynamic driving task" means the operational and
  tactical aspects of operating a vehicle. The term:
                     (A)  includes:
                           (i)  operational aspects, including
  steering, braking, accelerating, and monitoring the vehicle and the
  roadway; and
                           (ii)  tactical aspects, including
  responding to events, determining when to change lanes, turning,
  using signals, and other related actions; and
                     (B)  does not include strategic aspects,
  including determining destinations or waypoints.
         Sec. 545.452.  SUBCHAPTER AND DEPARTMENT GOVERN
  EXCLUSIVELY. (a) Unless otherwise provided by this subchapter,
  the following are governed exclusively by this subchapter:
               (1)  automated motor vehicles, including any
  commercial use or operation of automated motor vehicles; and
               (2)  automated driving systems.
         (b)  The department is the only state agency that may
  implement the provisions of this subchapter. No other state agency
  or entity may impose requirements or adopt regulations governing
  the operation of automated motor vehicles or automated driving
  systems in this state that are in addition to or otherwise
  inconsistent with this subchapter.
         (c)  A political subdivision of this state may not impose a
  local fee, registration requirement, franchise, or other
  regulation related to an automated motor vehicle or automated
  driving system.
         Sec. 545.453.  OPERATOR OF AUTOMATED MOTOR VEHICLE. (a) When
  engaged, an automated driving system installed on a motor vehicle
  is:
               (1)  notwithstanding Section 541.001, considered the
  operator of the vehicle for the purpose of assessing compliance
  with applicable traffic or motor vehicle laws; and
               (2)  considered to be licensed to operate the vehicle
  and satisfy all physical acts required of the operator of a vehicle.
         (b)  Notwithstanding any other law:
               (1)  an automated driving system installed on a motor
  vehicle may be considered the operator of the vehicle; and
               (2)  a licensed human operator is not required to
  operate a motor vehicle if an automated driving system installed on
  the vehicle is engaged.
         Sec. 545.454.  AUTOMATED MOTOR VEHICLE OPERATION. (a)
  Subject to this subchapter, the owner of an automated motor vehicle
  or an operator authorized by the owner may operate the vehicle on a
  highway in this state with the automated driving system engaged,
  regardless of whether a human operator is physically present in the
  vehicle:
               (1)  to test the vehicle;
               (2)  to provide a transportation service to individual
  passengers; or
               (3)  for any other use.
         (b)  An automated motor vehicle may not be operated on a
  highway in this state with the automated driving system engaged
  unless the owner or authorized operator of the vehicle:
               (1)  obtains and provides evidence to the department,
  in a form prescribed by the department, of an instrument of
  insurance, surety bond, or proof of self-insurance in the amount of
  at least $10 million; and
               (2)  ensures that the vehicle is:
                     (A)  capable of operating in compliance with
  applicable traffic and motor vehicle laws of this state, subject to
  this subchapter;
                     (B)  equipped with a data recording system with
  the capacity to record, before an accident involving the vehicle:
                           (i)  the status of the automated driving
  system; and
                           (ii)  other vehicle attributes, including
  speed, direction, and location;
                     (C)  in compliance with applicable federal law;
  and
                     (D)  registered and titled in accordance with the
  laws of this state.
         Sec. 545.455.  PRIVACY POLICY; DATA COLLECTION. (a) An
  owner or operator of an automated motor vehicle that is used to
  offer a transportation service to individual passengers shall make
  publicly available a privacy statement disclosing the data handling
  practices of the owner or operator in connection with the vehicle.
         (b)  An individual passenger of a transportation service
  that uses automated motor vehicles is considered to consent to the
  collection of data as described in an applicable privacy statement
  under Subsection (a) while a passenger in the vehicle.
         Sec. 545.456.  LIABILITY. The manufacturer of an automated
  motor vehicle is not liable, including for equitable relief, for
  damage that arises from any modification made by a person other than
  the manufacturer or without the consent of the manufacturer to:
               (1)  the automated motor vehicle; or
               (2)  an automated driving system installed on the
  automated motor vehicle.
         SECTION 2.  This Act takes effect September 1, 2017.