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  By: Ellis S.B. No. 1167
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to relating to autonomous motor vehicles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 521, Transportation Code,
  is amended by adding Section 521.1236 to read as follows:
         Sec. 521.1236.  DESIGNATOR ON LICENSE ISSUED FOR OPERATING
  AUTONOMOUS MOTOR VEHICLE.  (a)  In this section, "autonomous motor
  vehicle" has the meaning assigned by Section 545.428,
  Transportation Code.
         (b)  The department shall establish a program to provide an
  autonomous motor vehicle operation designation either on the face
  of a driver's license or on the reverse side of the driver's license
  issued to a person who is authorized to operate an autonomous motor
  vehicle under Section 545.428.
         SECTION 2.  Section 541.001(1), Transportation Code, is
  amended to read as follows:
               (1)  "Operator" means, as used in reference to a
  vehicle, a person who drives or has physical control of a vehicle,
  except as provided by Section 545.428(b).
         SECTION 3.  Subchapter I, Chapter 545, Transportation Code,
  is amended by adding Section 545.428 to read as follows:
         Sec. 545.428.  OPERATION OF AUTONOMOUS MOTOR VEHICLES; PILOT
  PROGRAM.  (a)  In this section:
               (1)  "Autonomous motor vehicle" means a motor vehicle
  that is capable of using autonomous technology to operate itself
  without the active control or continuous monitoring of a person.
               (2)  "Autonomous technology" means technology
  installed on a motor vehicle enabling the vehicle to operate
  without the active control or continuous monitoring of a person.
  The term does not include, except to the extent that such a system
  may be a component of autonomous technology, individual safety
  systems or driver assistance systems that enhance safety or provide
  driver assistance, but are not individually capable of operating a
  motor vehicle without the active control or continuous monitoring
  of a person, such as systems designed to provide:
                     (A)  collision avoidance;
                     (B)  electronic blind spot assistance;
                     (C)  crash avoidance;
                     (D)  automated emergency braking;
                     (E)  parking assistance;
                     (F)  adaptive cruise control;
                     (G)  lane keep assistance;
                     (H)  lane departure warning; or
                     (I)  traffic jam and queuing assistance.
               (3)  "Upfitter" means a person who modifies a motor
  vehicle after manufacturing to convert the motor vehicle into an
  autonomous motor vehicle.
         (b)  An operator of an autonomous motor vehicle operating
  with autonomous technology is:
               (1)  a person who causes the vehicle's autonomous
  technology to engage, regardless of whether the person is
  physically in the autonomous motor vehicle while the vehicle is
  operating; or
               (2)  a person who is seated in the driver's seat of the
  autonomous motor vehicle and continuously monitors the operation of
  the autonomous motor vehicle.
         (c)  A person may not operate an autonomous motor vehicle on
  a roadway or public highway under Subsection (b) unless:
               (1)  the person holds a driver's license with an
  autonomous motor vehicle designation under Section 521.1236; and
               (2)  the person is an employee, contractor, or designee
  of:
                     (A)  The Texas Department of Safety;
                     (B)  The Texas Department of Transportation;
                     (C)  a manufacturer of autonomous motor vehicles
  authorized by the department to operate autonomous motor vehicles;
  or
                     (D)  an upfitter authorized by the department to
  operate autonomous motor vehicles.
         (d)  A person may not disable motor vehicle safety features
  that are required by state and federal law during installation of
  autonomous technology on a motor vehicle or operation of an
  autonomous motor vehicle.
         (e)  The department shall adopt rules authorizing the
  operation of autonomous motor vehicles on roadways and public
  highways, including rules:
               (1)  establishing minimum requirements that an
  autonomous motor vehicle must meet before the vehicle may be
  operated on a roadway or public highway;
               (2)  establishing insurance requirements for:
                     (A)  autonomous motor vehicle operators;
                     (B)  manufacturers of autonomous motor vehicles
  operating autonomous motor vehicles; and
                     (C)  upfitters operating autonomous motor
  vehicles;
               (3)  governing the safe operation of autonomous motor
  vehicles on roadways and public highways;
               (4)  establishing a method of authorizing
  manufacturers of autonomous motor vehicles and upfitters to test
  autonomous motor vehicles and governing the testing of autonomous
  motor vehicles;
               (5)  restricting the operation of autonomous motor
  vehicles to certain geographic regions of this state; and
         (f)  The Texas Department of Transportation may establish an
  autonomous freight transportation pilot program to collaborate
  with autonomous motor vehicle manufacturers and upfitters to test
  the use of autonomous motor vehicles for heavy freight
  transportation purposes.
         (g)  The Texas Department of Transportation shall establish
  a plan to install or deploy roadside infrastructure for a statewide
  wireless communication system to support vehicle-to-infrastructure
  communications that are essential to the proper performance or
  operation of autonomous motor vehicles.  The plan must incorporate
  the dedicated short-range communications protocols of the United
  States Department of Transportation and the microwave bands
  allocated by the Federal Communications Commission for dedicated
  short-range communications.  The Texas Department of
  Transportation may explore other wireless methods of communication
  for communications that are not essential to the proper performance
  or operation of autonomous motor vehicles.
         SECTION 4.  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, 2015.