By: Hancock, et al. S.B. No. 2205
 
  (Geren)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to automated motor vehicles.
         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, when installed on a motor vehicle and engaged, are
  collectively capable of performing, without any intervention or
  supervision by a human operator:
                     (A)  all aspects of the entire dynamic driving
  task for the vehicle on a sustained basis; and
                     (B)  any fallback maneuvers necessary to respond
  to a failure of the system.
               (2)  "Automated motor vehicle" means a motor vehicle on
  which an automated driving system is installed.
               (3)  "Entire 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.
               (4)  "Human operator" means a natural person in an
  automated motor vehicle who controls the entire dynamic driving
  task.
               (5)  "Owner" has the meaning assigned by Section
  502.001.
         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)  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.
         Sec. 545.453.  OPERATOR OF AUTOMATED MOTOR VEHICLE.
  (a)  When an automated driving system installed on a motor vehicle
  is engaged:
               (1)  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; and
               (2)  the automated driving system is considered to be
  licensed to operate the vehicle.
         (b)  Notwithstanding any other law, 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)  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.
         (b)  An automated motor vehicle may not operate on a highway
  in this state with the automated driving system engaged unless the
  vehicle is:
               (1)  capable of operating in compliance with applicable
  traffic and motor vehicle laws of this state, subject to this
  subchapter;
               (2)  equipped with a recording device, as defined by
  Section 547.615(a), installed by the manufacturer of the automated
  motor vehicle or automated driving system;
               (3)  equipped with an automated driving system in
  compliance with applicable federal law and federal motor vehicle
  safety standards;
               (4)  registered and titled in accordance with the laws
  of this state; and
               (5)  covered by motor vehicle liability coverage or
  self-insurance in an amount equal to the amount of coverage that is
  required under the laws of this state.
         Sec. 545.455.  DUTIES FOLLOWING ACCIDENT INVOLVING
  AUTOMATED MOTOR VEHICLE. In the event of an accident involving an
  automated motor vehicle, the automated motor vehicle or any human
  operator of the automated motor vehicle shall comply with Chapter
  550.
         Sec. 545.456.  VEHICLE CLASSIFICATION. An owner as defined
  by Section 502.001(31) may identify the vehicle to the department
  as an automated motor vehicle or an automated driving system.
         SECTION 2.  (a)  In this section, "a request to intervene"
  means notification by a vehicle to the human operator that the
  operator should promptly begin or resume performance of the entire
  dynamic driving task.
         (b)  For purposes of Subchapter J, Chapter 545,
  Transportation Code, as added by this Act, a motor vehicle equipped
  with hardware and software capable of engaging in the entire
  dynamic driving task with the expectation that a human operator
  will respond appropriately to a request to intervene is subject to
  Sections 545.452(b) and 545.454, Transportation Code, as added by
  this Act.
         (c)  Nothing in Subchapter J, Chapter 545, Transportation
  Code, as added by this Act, shall be construed to affect, alter, or
  amend the right to operate a motor vehicle equipped with hardware
  and software capable of performing the entire dynamic driving task
  with the expectation that a human operator will respond
  appropriately to a request to intervene.
         SECTION 3.  This Act takes effect September 1, 2017.