HB3837 - Relating to the regulation of autonomous vehicles; creating a criminal offense.

  89R13725 JRR-D     By: Canales H.B. No. 3837       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of autonomous vehicles; creating a   criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 502, Transportation Code,   is amended by adding Section 502.0433 to read as follows:           Sec.   502.0433.     ADDITIONAL REQUIREMENTS RELATING TO   AUTONOMOUS VEHICLE. (a) In this section, "autonomous vehicle" has   the meaning assigned by Section 545.451.           (b)     When a person registers or renews the registration of a   motor vehicle under this chapter, the department shall require the   person to:                 (1)     indicate whether the vehicle is an autonomous   vehicle; and                 (2)     if the person indicates that the vehicle is an   autonomous vehicle, include the permit number for any permit issued   to the person under Subchapter J, Chapter 545.           (c)     Notwithstanding any other provision of this chapter,   the department may not register or renew the registration of a motor   vehicle that a person indicates is an autonomous vehicle if the   person does not hold, or the department is unable to verify that the   person holds, a permit issued under Subchapter J, Chapter 545. This   subsection does not apply to an autonomous vehicle that is exempted   from the permit requirements of Subchapter J, Chapter 545, under a   rule adopted under Section 545.457.          SECTION 2.  Subchapter J, Chapter 545, Transportation Code,   is amended to read as follows:   SUBCHAPTER J. OPERATION OF AUTONOMOUS [ 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)  " Autonomous [ 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)   "Commission" means   the Autonomous Vehicle   Commission.                 (4)   "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.                 (5)  [ (4) ]  "Human operator" means a natural person in   an autonomous [ automated motor ] vehicle who controls the entire   dynamic driving task.                 (6)     "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).                 (7)     "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).                 (8)  [ (5) ]  "Owner" has the meaning assigned by Section   502.001.                 (9)     "Transportation network company" has the meaning   assigned by Section 2402.001, Occupations Code.          Sec. 545.452.  EXCLUSIVE REGULATION OF [ THE ] OPERATION OF   AUTONOMOUS [ AUTOMATED MOTOR ] VEHICLES AND AUTOMATED DRIVING   SYSTEMS. (a)  Unless otherwise provided by this subchapter, the   operation of autonomous [ automated motor ] vehicles, including any   commercial use, and automated driving systems is [ are ] governed   exclusively by:                (1)  this subchapter; [ and ]                (2)  Section 547.618 ; and                 (3)     Chapter 2402, Occupations Code, if the autonomous   vehicle is owned by a transportation network company or   transportation network company driver .          (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 autonomous [ automated motor ] vehicle or automated   driving system.          Sec. 545.453.  OPERATOR OF AUTONOMOUS [ AUTOMATED MOTOR ]   VEHICLE. (a)  When an automated driving system installed on an   autonomous [ a motor ] vehicle is engaged:                (1)  the owner of the autonomous vehicle [ automated   driving system ] is considered the operator of the autonomous   [ 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.   AUTONOMOUS [ AUTOMATED MOTOR ] VEHICLE   OPERATION ; OFFENSE . (a)   Subject to Subsection (b), an autonomous   [ 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 autonomous [ automated motor ] vehicle may not operate   on a highway in this state [ with the automated driving system   engaged ] unless :                 (1)  the owner of the vehicle:                       (A)     holds a permit issued under this subchapter;   and                       (B)     has submitted to the department, 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 autonomous vehicle during the provision of   those services; and                 (2)   the vehicle is:                       (A)     registered with the commission as provided by   Section 545.456;                       (B)  [ (1) ]  capable of operating in compliance   with applicable traffic and motor vehicle laws of this state,   subject to this subchapter;                       (C)  [ (2) ]  equipped with a recording device, as   defined by Section 547.615(a), installed by the manufacturer of the   autonomous [ automated motor ] vehicle or automated driving system;                       (D)  [ (3) ]  equipped with an automated driving   system in compliance with applicable federal law and federal motor   vehicle safety standards;                       (E)  [ (4) ]  registered and titled in accordance   with the laws of this state; and                       (F)  either:                             (i)  [ (5) ]  covered by motor vehicle   liability coverage or self-insurance in an amount prescribed by   commission rule; or                             (ii)     if the autonomous vehicle is owned by a   transportation network company or transportation network company   driver, covered by primary automobile insurance in accordance with   Chapter 1954, Insurance Code [ equal to the amount of coverage that   is required under the laws of this state ].           (c)     A person who is the owner of an autonomous vehicle   commits an offense if the autonomous vehicle is operated on a public   highway in violation of Subsection (b). An offense under this   subsection is a Class A misdemeanor.           Sec.   545.455.     AUTONOMOUS VEHICLE PERMIT. (a) An applicant   for a permit under this subchapter shall apply to the commission in   the form and manner prescribed by commission rule.           (b)     The commission shall issue a permit to each applicant   that:                 (1)     meets the eligibility criteria for the permit as   prescribed by commission rule; and                 (2)     pays a fee in an amount determined by commission   rule to cover the cost of administering this subchapter.           (c)     Commission rules prescribing the eligibility criteria   described by Subsection (b)(1) must require an applicant for a   permit under this subchapter to include in the application:                 (1)     whether the applicant holds, or intends to apply   for, a permit issued under Chapter 2402, Occupations Code; and                 (2)     if the applicant holds a permit issued under   Chapter 2402, Occupations Code, the permit number for that permit.           (d)     To maintain a permit under this subchapter, the holder   of the permit shall annually pay the fee described by Subsection   (b)(2) to the commission.           Sec.   545.456.     REGISTRATION OF AUTONOMOUS VEHICLE WITH   COMMISSION. A holder of a permit under this subchapter shall   register with the commission, in the form and manner prescribed by   commission rule, each autonomous vehicle authorized to operate   under the permit.           Sec.   545.457.     EXEMPTION FROM PERMIT REQUIREMENTS. (a)     Notwithstanding any other provision of this subchapter, the   commis [Text truncated for display. Full text available on Congress.gov.]