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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of automated motor vehicles on highways |
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in this state for research and testing purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 503, Transportation Code, |
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is amended by adding Section 503.072 to read as follows: |
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Sec. 503.072. LICENSE PLATES FOR AUTOMATED MOTOR VEHICLES. |
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(a) In this section, "automated motor vehicle" has the meaning |
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assigned by Section 545.428. |
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(b) The department shall establish a program to provide |
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license plates with an automated motor vehicle designation. |
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(c) A license plate provided under Subsection (b) may be |
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used only on an automated motor vehicle in compliance with Section |
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545.428. |
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SECTION 2. Section 541.001(1), Transportation Code, is |
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amended to read as follows: |
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(1) "Operator" means, as used in reference to a |
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vehicle, a person who drives or has physical control of a vehicle, |
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except as provided by Section 545.428(b). |
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SECTION 3. Subchapter I, Chapter 545, Transportation Code, |
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is amended by adding Section 545.428 to read as follows: |
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Sec. 545.428. OPERATION OF AUTOMATED MOTOR VEHICLES FOR |
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TESTING AND RESEARCH. (a) In this section: |
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(1) "Automated motor vehicle" means a motor vehicle on |
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which an automated technology has been installed, either by a |
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manufacturer of automated technology or an upfitter, that enables |
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the motor vehicle to be operated without any control or monitoring |
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by a human operator. The term does not include a motor vehicle |
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enabled with one or more active safety systems or operator |
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assistance systems, including a system installed on a vehicle to |
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provide electronic blind spot assistance, crash avoidance, |
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emergency braking, parking assistance, adaptive cruise control, |
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lane-keeping assistance, lane departure warning, or traffic jam and |
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queuing assistance, unless one or more of those systems alone or in |
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combination with other systems enables the vehicle to operate |
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without any control or monitoring by an operator. |
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(2) "Automated technology" means technology installed |
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on a motor vehicle that has the capability to assist, make decisions |
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for, or replace a human operator. |
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(3) "Automatic mode" means the mode of operating an |
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automated motor vehicle when automated technology is engaged to |
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enable the motor vehicle to operate without any control or |
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monitoring by an operator. |
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(4) "Manufacturer of automated technology" means a |
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manufacturer or subcomponent system producer that develops or |
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produces automated technology. |
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(5) "Upfitter" means a person that modifies a motor |
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vehicle after it was manufactured by installing automated |
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technology in that motor vehicle to convert it to an automated motor |
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vehicle. The term includes a subcomponent system producer that |
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develops or produces automated driving technology. |
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(b) An operator of an automated motor vehicle is the person |
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who causes an automated motor vehicle to move under its own power in |
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automatic mode, including by engaging the automated technology, |
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regardless of whether the person is physically present in the |
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automated motor vehicle at that time. |
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(c) A person may not operate an automated motor vehicle on a |
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highway in this state in automatic mode unless: |
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(1) the automated motor vehicle is operated for the |
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purpose of research or testing of: |
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(A) the automated motor vehicle; or |
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(B) automated technology that is installed on the |
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motor vehicle; |
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(2) the manufacturer of the vehicle or of automated |
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technology that is installed on the vehicle: |
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(A) is recognized by the secretary of state; and |
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(B) submits proof satisfactory to the secretary |
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of state that the vehicle is insured in accordance with the laws of |
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this state; |
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(3) the vehicle displays license plates provided under |
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Section 503.072; |
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(4) the person operating the vehicle: |
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(A) is licensed to operate a motor vehicle in the |
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United States; and |
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(B) is an employee or contractor of or otherwise |
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designated or authorized by: |
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(i) the manufacturer of the vehicle; or |
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(ii) the manufacturer of automated |
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technology installed on the vehicle; and |
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(5) a person is present in the vehicle while it is |
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being operated who: |
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(A) is licensed to operate a motor vehicle in the |
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United States; and |
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(B) has the ability to monitor the vehicle's |
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performance and, if necessary, immediately take control of the |
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vehicle's movements. |
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(d) Notwithstanding any other law, a person may use a |
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wireless communication device, as defined in Section 545.425, to |
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operate an automated motor vehicle in automatic mode under this |
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chapter. |
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(e) A manufacturer of automated technology is not liable in |
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a civil action for damages that result from a modification made |
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without the consent of the manufacturer of automated technology by |
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another person to the automated technology or to a motor vehicle on |
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which the technology is installed. |
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(f) The secretary of state shall adopt procedures for the |
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recognition of: |
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(1) manufacturers of automated technology; and |
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(2) upfitters. |
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SECTION 4. (a) In this section of this Act: |
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(1) "Automated motor vehicle" and "automated |
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technology" have the meanings assigned by Section 545.428, |
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Transportation Code, as added by this Act. |
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(2) "Department" means the Texas Department of Motor |
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Vehicles. |
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(b) The department shall: |
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(1) conduct a study of the testing of automated motor |
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vehicles and automated technology installed on automated motor |
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vehicles on highways in this state in consultation with: |
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(A) the Texas Department of Transportation; and |
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(B) the Department of Public Safety of the State |
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of Texas; and |
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(2) recommend any legislative or regulatory action |
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necessary for the continued safe testing of automated motor |
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vehicles and automated technology installed on automated motor |
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vehicles on highways in this state. |
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(c) Not later than September 1, 2018, the department shall |
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submit a report of its findings and recommendations, including any |
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proposed legislation, to each standing committee of the senate and |
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house of representatives having primary jurisdiction over matters |
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related to transportation and over matters related to business and |
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commerce. |
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(d) This section of this Act expires January 1, 2019. |
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SECTION 5. This Act takes effect September 1, 2017. |