By: Bryant H.B. No. 5426       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of automated motor vehicles.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 14, Occupations Code, is   amended by adding Chapter 2313 to read as follows:   CHAPTER 2313. AUTOMATED MOTOR VEHICLES   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 2313.001.  DEFINITIONS. In this chapter:                (1)  "Automated driving system," "automated motor   vehicle," and "human operator" have the meanings assigned by   Section 545.451, Transportation Code.                (2)  "Commission" means the Texas Commission of   Licensing and Regulation.                (3)  "Department" means the Texas Department of   Licensing and Regulation.   SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT          Sec. 2313.051.  RULES. The commission shall adopt rules as   necessary to implement this chapter.          Sec. 2313.052.  DATA SHARING. The department may share   information collected under this chapter with the Texas Department   of Transportation, the Texas Department of Motor Vehicles, the   Department of Public Safety, and any other relevant governmental   entity as appropriate.   SUBCHAPTER C. PERMIT REQUIREMENTS          Sec. 2313.101.  PERMIT REQUIRED. The department shall issue   a permit under this subchapter authorizing a holder of the permit to   operate automated motor vehicles on public roadways in this state   without a human operator operating the vehicle from within the   vehicle.          Sec. 2313.102.  PERMIT APPLICATION. (a) An applicant for a   permit under this subchapter shall apply to the department in the   form and manner prescribed by commission rule.          (b)  A person is not eligible for a permit under this   subchapter unless the person has tested the applicable automated   driving system on public roadways with a human operator for not less   than three years.          (c)  An application for a permit under this subchapter must   include:                (1)  evidence satisfactory to the department that the   applicant has satisfied the testing requirement prescribed by   Subsection (b); and                (2)  any other information required by commission rule.          Sec. 2313.103.  RECORDKEEPING AND REPORTING REQUIREMENTS. A   permit holder shall, in the form and manner prescribed by   commission rule:                (1)  record each traffic collision involving an   automated motor vehicle operating under the permit;                (2)  record each non-testing error occurring on a   public roadway involving the automated driving system of an   automated motor vehicle operating under the permit; and                (3)  annually report the information described by   Subdivisions (1) and (2) to the department.          Sec. 2313.104.  PERMIT TERM; RENEWAL. (a) A permit issued   under this subchapter is valid for three years.          (b)  A permit under this subchapter may be renewed in the   same manner as an original application for the permit under Section   2313.102.          Sec. 2313.105.  INFORMATION REQUIRED TO BE DISPLAYED ON   AUTOMATED MOTOR VEHICLE. A permit holder shall, in the form and   manner prescribed by commission rule, display a sticker or other   material affixed on each automated motor vehicle operating under   the permit that:                (1)  indicates that the vehicle is operated by an   automated driving system; and                (2)  includes a department phone number for persons   involved in a traffic collision involving the vehicle.   SUBCHAPTER Z. ENFORCEMENT          Sec. 2313.951.  PERMIT SUSPENSION OR RECISSION. The   department may suspend or revoke a permit issued under this chapter   for a violation of this chapter.          SECTION 2.  Section 545.451, Transportation Code, is amended   by amending Subdivision (2) and adding Subdivisions (4-a) and (4-b)   to read as follows:                (2)  "Automated motor vehicle" means a motor vehicle on   which an automated driving system is installed that is capable of   being operated with Level 4 automation or Level 5 automation.                (4-a)  "Level 4 automation" means a standard of   automation meeting the criteria for Level 4 specified in the   Society of Automotive Engineers International Standard J3016   (April 2021).                (4-b)  "Level 5 automation" means a standard of   automation meeting the criteria for Level 5 specified in the   Society of Automotive Engineers International Standard J3016   (April 2021).          SECTION 3.  Section 545.452, Transportation Code, is amended   to read as follows:          Sec. 545.452.  EXCLUSIVE REGULATION OF THE OPERATION OF   AUTOMATED MOTOR VEHICLES AND AUTOMATED DRIVING SYSTEMS. (a)   Unless otherwise provided by this subchapter, the operation of   automated motor vehicles, including any commercial use, and   automated driving systems are governed exclusively by:                (1)  this subchapter; [and]                (2)  Section 547.618; and                (3)  Chapter 2313, Occupations Code.          (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.          SECTION 4.  Section 545.454, Transportation Code, is amended   by amending Subsection (a) and adding Subsection (c) to read as   follows:          (a)  Subject to Subsection (c), an [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.          (c)  An automated motor vehicle may not operate on a highway   in this state without a human operator physically present in the   vehicle unless a permit covering the vehicle has been issued under   Chapter 2313, Occupations Code, and is in effect.          SECTION 5.  (a) Not later than December 1, 2025, the Texas   Commission of Licensing and Regulation shall adopt rules to   implement Chapter 2313, Occupations Code, as added by this Act.          (b)  A person is not required to comply with Subchapter J,   Chapter 545, Transportation Code, as amended by this Act, until   January 1, 2026.          SECTION 6.  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, 2025.