84R2979 AJZ-F
 
  By: Guillen H.B. No. 933
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the testing of autonomous motor vehicles; creating a
  border security pilot program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 82, Civil Practice and Remedies Code, is
  amended by adding Section 82.009 to read as follows:
         Sec. 82.009.  AUTONOMOUS MOTOR VEHICLES. (a) In this
  section, "autonomous motor vehicle" has the meaning assigned by
  Section 545.428, Transportation Code.
         (b)  The manufacturer of a motor vehicle is not liable for
  damages resulting from any of the following actions unless the
  defect from which the damages resulted was present in the motor
  vehicle when the motor vehicle was manufactured:
               (1)  the conversion or attempted conversion of the
  vehicle into an autonomous motor vehicle by a person other than the
  manufacturer;
               (2)  the installation of equipment in the vehicle by a
  person other than the manufacturer to convert the vehicle into an
  autonomous motor vehicle; or
               (3)  the modification by a person other than the
  manufacturer of equipment that was installed by the manufacturer in
  an autonomous motor vehicle specifically for using the motor
  vehicle in automatic mode.
         (c)  A subcomponent system producer is not liable in a
  products liability action for damages resulting from the
  modification of equipment installed by the subcomponent system
  producer to convert a motor vehicle to an autonomous motor vehicle
  unless the defect from which the damages resulted was present in the
  equipment when the equipment was installed by the subcomponent
  system producer.
         SECTION 2.  Subchapter F, Chapter 521, Transportation Code,
  is amended by adding Section 521.1236 to read as follows:
         Sec. 521.1236.  DESIGNATOR ON LICENSE ISSUED FOR OPERATING
  AUTONOMOUS MOTOR VEHICLE. The department shall establish a program
  to provide an autonomous motor vehicle operation designation either
  on the face of a driver's license or on the reverse side of the
  driver's license issued to a person who is authorized to operate an
  autonomous motor vehicle under Section 545.428. 
         SECTION 3.  Section 541.001(1), Transportation Code, is
  amended to read as follows:
               (1)  "Operator" means, as used in reference to a
  vehicle, a person who drives or has physical control of a vehicle,
  except as provided by Section 545.428(b).
         SECTION 4.  Subchapter I, Chapter 545, Transportation Code,
  is amended by adding Section 545.428 to read as follows:
         Sec. 545.428.  OPERATION OF AUTONOMOUS MOTOR VEHICLES;
  BORDER SECURITY PILOT PROGRAM. (a)  In this section:
               (1)  "Autonomous motor vehicle" means a motor vehicle
  that is capable of using autonomous technology to operate itself
  without the active control or continuous monitoring of a person.
               (2)  "Autonomous technology" means technology
  installed on a motor vehicle enabling the vehicle to operate
  without the active control or continuous monitoring of a person.  
  The term does not include, except to the extent that such a system
  may be a component of autonomous technology, individual safety
  systems or driver assistance systems that enhance safety or provide
  driver assistance, but are not individually capable of operating a
  motor vehicle without the active control or continuous monitoring
  of a person, such as systems designed to provide:
                     (A)  collision avoidance;
                     (B)  electronic blind spot assistance;
                     (C)  crash avoidance;
                     (D)  automated emergency braking;
                     (E)  parking assistance;
                     (F)  adaptive cruise control;
                     (G)  lane keep assistance;
                     (H)  lane departure warning; or
                     (I)  traffic jam and queuing assistance.
               (3)  "Upfitter" means a person who modifies a motor
  vehicle after manufacturing to convert the motor vehicle into an
  autonomous motor vehicle. 
         (b)  An operator of an autonomous motor vehicle operating
  with autonomous technology is:
               (1)  a person who causes the vehicle's autonomous
  technology to engage, regardless of whether the person is
  physically in the autonomous motor vehicle while the vehicle is
  operating; or
               (2)  a person who is seated in the driver's seat of the
  autonomous motor vehicle and continuously monitors the operation of
  the autonomous motor vehicle.
         (c)  A person may not operate an autonomous motor vehicle on
  a roadway or public highway under Subsection (b) unless:
               (1)  the person holds a driver's license with an
  autonomous motor vehicle designation under Section 521.1236; and
               (2)  the person is an employee, contractor, or designee
  of:
                     (A)  the department;
                     (B)  a manufacturer of autonomous motor vehicles
  authorized by the department to operate autonomous motor vehicles;
  or
                     (C)  an upfitter authorized by the department to
  operate autonomous motor vehicles.
         (d)  An autonomous motor vehicle may be operated without the
  active control of an operator, but the operation of the autonomous
  motor vehicle must be continuously monitored by an operator who is
  seated in the driver's seat of the vehicle and is able to
  immediately assume active control over the vehicle.
         (e)  A person may not disable motor vehicle safety features
  that are required by state and federal law during installation of
  autonomous technology on a motor vehicle or operation of an
  autonomous motor vehicle.
         (f)  The department shall adopt rules authorizing the
  operation of autonomous motor vehicles on roadways and public
  highways, including rules:
               (1)  establishing minimum requirements that an
  autonomous motor vehicle must meet before the vehicle may be
  operated on a roadway or public highway;
               (2)  establishing insurance requirements for:
                     (A)  autonomous motor vehicle operators;
                     (B)  manufacturers of autonomous motor vehicles
  operating autonomous motor vehicles; and
                     (C)  upfitters operating autonomous motor
  vehicles;
               (3)  governing the safe operation of autonomous motor
  vehicles on roadways and public highways;
               (4)  establishing a method of authorizing
  manufacturers of autonomous motor vehicles and upfitters to test
  autonomous motor vehicles and governing the testing of autonomous
  motor vehicles;
               (5)  restricting the operation of autonomous motor
  vehicles to certain geographic regions of this state; and
               (6)  establishing a pilot program for the department to
  collaborate with autonomous motor vehicle manufacturers and
  upfitters to test the use of autonomous motor vehicles for border
  security purposes.
         SECTION 5.  Section 82.009, Civil Practice and Remedies
  Code, as added by this Act, applies only to a cause of action that
  accrues on or after the effective date of this Act.
         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, 2015.