self-driving cars with nobody inside need a state permit

The text as introduced · 928 words

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.