SB2425 - Relating to the regulation of automated motor vehicles; creating a criminal offense.

      By: Nichols, et al. S.B. No. 2425     (Capriglione)           A BILL TO BE ENTITLED   AN ACT   relating to the regulation of automated motor vehicles; creating a   criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter J, Chapter 545, Transportation Code,   is amended 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 operating the vehicle with Level 3   automation, Level 4 automation, or Level 5 automation by   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 , regardless of whether the   system is limited to a specific operational design domain [ ; 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 that is capable of   being operated with Level 4 automation or Level 5 automation .                (3)   "Authorization holder" means a person granted   authorization by the department under Section 545.456 to operate   one or more automated motor vehicles.                 (4)     "Board" means the board of the Texas Department of   Motor Vehicles.                 (5)     "Department," notwithstanding Section 541.002,   means the Texas Department of Motor Vehicles.                 (6)  "Dynamic [ "Entire dynamic ] driving task" means the   real-time operational and tactical functions required to operate   [ aspects of operating ] a vehicle.  The term:                      (A)  includes:                            (i)  operational functions  [ aspects ],   including steering, braking, accelerating, and monitoring the   vehicle and the roadway; and                            (ii)  tactical functions  [ aspects ],   including responding to events, determining when to change lanes,   turning, and  using signals[ , and other related actions ]; and                      (B)  does not include strategic aspects,   including determining destinations or waypoints.                 (7)  [ (4) ]  "Human driver  [ operator ]" means a natural   person in an automated motor vehicle who controls all or part of the   [ entire ] dynamic driving task.                 (8)     "Level 3 automation" means a standard of   automation meeting the criteria for Level 3 specified in the SAE   International Standard J3016 (April 2021).                 (9)     "Level 4 automation" means a standard of   automation meeting the criteria for Level 4 specified in the SAE   International Standard J3016 (April 2021).                 (10)     "Level 5 automation" means a standard of   automation meeting the criteria for Level 5 specified in the SAE   International Standard J3016 (April 2021).                 (11)     "Minimal risk condition" means a stable and   stopped condition to which a person or an automated driving system   may bring an automated motor vehicle to reduce the risk of a   collision when a given trip cannot or should not be continued.                 (12)     "Operational design domain" means operating   conditions under which an automated driving system or feature of   the system is specifically designed to function, including   environmental, geographical, and time-of-day restrictions and the   requisite presence or absence of certain traffic or roadway   characteristics                [ (5)     "Owner" has the meaning assigned by Section   502.001 ].          Sec. 545.452.   PROHIBITIONS ON [ EXCLUSIVE ] REGULATION OF THE   OPERATION OF AUTOMATED MOTOR VEHICLES OR [ AND ] AUTOMATED DRIVING   SYSTEMS BY STATE AGENCY OR POLITICAL SUBDIVISION; EXEMPTION FROM   CERTAIN TRAFFIC OR MOTOR VEHICLE LAWS . (a)   A state agency may not   impose a regulation that discriminates against  [ 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)   a person operating an automated motor vehicle   [ this subchapter ]; or [ and ]                (2)   an automated motor vehicle relative to other types   of motor vehicles or with respect to road usage  [ Section 547.618 ].          (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.           (c)     The Public Safety Commission by rule may exempt from the   application of a specific traffic or motor vehicle law of this state   automated motor vehicles if the commission determines that the   exemption will not cause a risk to public safety.          Sec. 545.453.   RULES. The board may adopt rules necessary to   administer this subchapter.           Sec. 545.454.   [ OPERATOR OF AUTOMATED MOTOR ] VEHICLE   OPERATORS . (a) When an automated driving system installed on a   motor vehicle is engaged , the automated driving system is the   operator of the vehicle, including for purposes of assessing   compliance with applicable traffic or motor vehicle laws.           (b)     When an automated driving system installed on an   automated motor vehicle is engaged, [ :                [ (1) ]  the owner of , or if the vehicle is operating   under an authorization issued by the department under Section   545.456, the authorization holder for, the automated motor vehicle   shall be issued any citation for a violation of traffic or motor   vehicle laws related to the vehicle [ 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 ].           (c)  [ (b) ]  Notwithstanding any other law, neither a licensed   human driver nor a license issued under Chapter 521 or 522   [ operator ] is [ not ] required to operate an automated [ a ] motor   vehicle if the [ an ] automated driving system installed on the   vehicle is engaged.          Sec.  545.455   [ 545.454 ].  AUTOMATED MOTOR VEHICLE   OPERATION ; OFFENSE . (a)   Any motor vehicle equipped with an   automated driving system may operate in this state.   An automated   motor vehicle may operate in this state with the automated driving   system engaged, regardless of whether a human driver  [ operator ] is   physically present in the automated motor  vehicle.          (b)   Subject to Subsection (c), an [ An ] automated motor   vehicle may not operate on a highway or street 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 , including [ and ] federal   motor vehicle safety standards;                (4)   capable of achieving a minimal risk condition if a   failure of the automated driving system occurs that renders the   system unable to perform the dynamic driving task relevant to its   intended operational design domain;                 (5)   registered and titled in accordance with the laws   of this state; and                 (6)  [ (5) ]  covered by motor vehicle liability coverage   or self-insurance in an amount equal to or greater than the amount   of coverage that is required under the laws of this state or federal   law, as applicable to the type and use of the vehicle .           (c)     In addition to satisfying the requirements of   Subsection (b), a person may not operate an automated motor vehicle   to transport property or passengers in furtherance of a commercial   enterprise on a highway or street in this state without a human   driver unless:                 (1)     the person receives and maintains authorization to   operate automated motor vehicles from the department under Section   545.456; and                 (2)     the Department of Public Safety has been provided,   in the form and manner prescribed by rule of the Public Safety   Commission, a plan specifying how a person who provides   firefighting, law enforcement, ambulance, medical, or other   emergency services should interact with the automated motor vehicle   during the provision of those services, including:                       (A)     how to communicate with a fleet support   specialist who is available during the period in which the vehicle   is in operation;                       (B)     how to safely remove the vehicle from the   roadway and safely tow the vehicle;                       (C)     how to recognize whether the vehicle is being   operated with the automated driving system engaged; and                       (D)     any additional information the person or the   manufacturer of the vehicle or the automated driving system   considers necessary regarding hazardous conditions or public   safety risks associated with the operation of the vehicle.           (d)     A person commits an offense if the person operates an   automated motor vehicle in violation of Subsection (c). An offense   under this subsection is a Class B misdemeanor. If a corporation,   an association, a limited liability company, or another business   entity is convicted of an offense under this subsection, the entity   shall be punished in accordance with Section 12.51, Penal Code.           (e)     For purposes of Subsection (d), each day the person   operates an automated motor vehicle in violation of Subsec [Text truncated for display. Full text available on LegiScan.]