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.