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.