By Terri Hall
Founder/Executive Director
Texans Uniting for Reform & Freedom (TURF) &
Texans for Toll-free Highways
BRAVE NEW WORLD
One of the most stealth transportation bills of the session was related to the regulation (or lack of it) of Autonomous Vehicles (AVs), SB 2425 by Nichols. This particular bill was to authorize level 4 and 5 AVs to operate on Texas roadways without any requirement of a human driver. While we brought up several serious concerns, like a hostile actor or government gaining control of a fleet of AVs and using them for a mass casualty event, in both the Senate and House Committees, the AV bill was attached as an amendment by Capriglione to a totally different bill, SB 2807 by Senator Brent Hagenbuch, without any debate. If our guys were paying close enough attention, they could have easily called a point of order because the AV amendment was not relevant to the bill (completely unrelated or not ‘germane’ to the primary bill, which isn’t allowed under the rules), but it was hastily passed before anyone had a chance to amend it.
At least two amendments would have been debated had the AV bill gone through the usual floor debate prior to the vote. One would have been to require a human driver (from Rep. Christina Morales who had a stand alone bill to do that), and the other by Rep. Andy Hopper (who also had a stand alone bill) to clarify liability when there’s no human driver actually operating the vehicle. Currently, there are no AVs that operate without human drivers outside of commercial trucks and robotaxi services like WayMo, Cruise, and soon to be Tesla. So while consumers may not have to face it yet, they should be aware of the tremendous legal risk of owning or renting out any sort of AV as a taxi service since the current law places liability on the owner, not the AI technology actually responsible for operating the vehicle. In the event regular consumers can purchase their own level 4 or 5 AV for their personal use, buyer beware — you’re liable when the technology fails and causes crashes or fatalities.
The only real regulation put on these driverless AVs was a permitting process, establishing a system for how AVs must interact with law enforcement and EMS, and the requirement to carry a certain level of insurance. Lawmakers deliberately did not tackle liability issues and fully admit lawsuits will fly when accidents happen. The bill even bars local governments from enacting any further regulations. In speaking with a reporter about the bill, she said the approach to regulating these AVs was like building a plane while it’s already in the air. She couldn’t be more right!
Almost as scary, was House passage of the Digital ID bill, HB 3426 also by Capriglione. Digital IDs on a person's Smart phone can be hacked, used to steal Texans' identities, and misused by bad actors. Digital IDs are also opposed in the RPT platform Plank #49. Many conservatives voted for it, falling for the argument it’s ‘voluntary’ not mandatory. However, 9 states have already turned their ‘voluntary’ digital ID programs into mandatory ones in AZ, CA, CO, GA, HI, IA, MD, NM, and OH.
How would the state not incur virtually unlimited costs for cybersecurity firms to secure this data and keep hackers at bay? Is this not an ongoing expense that cannot possibly be covered in whatever nominal fee DPS charges for the digital IDs? Yet the bill had no fiscal note. We don’t have an honest analysis of these bills by the Legislative Budget Board if they can claim a digital ID program comes with no cost to the state to implement and maintain it! It passed the House 119-30, but thankfully went nowhere in the Senate.
Most Texans don’t share the love affair with bikes
Every session, TURF fends off the relentless onslaught of anti-car legislation aiming to restrict cars by slowing speeds, forcing you to vacate a lane to pass a bike, or otherwise give deference to bikes, buses and pedestrians. In a last gasp House Transportation Committee hearing very late in the session, a series of Leftist, anti-car bills were pushed by radical climate alarmist groups like Vision Zero, Farm & City, and Safe Streets Austin to restrict your mobility. But thanks to the hard work of TURF and its grassroots coalition, none passed. However, an early one that made it through was SB 305 by Senator Charles Perry to expand the move over laws to force you to vacate a lane for animal control and parking enforcement vehicles on the shoulder of a road, these are in addition to the other vehicles already in statute like EMS, police, and tow trucks. The list grows every session.
Freedom recedes as government grows
Even the tax on roadside lemonade stands (repealed in 2019) was resurrected and passed this session, in HB 2012 by Cecil Bell. The legislature just gave Texans the freedom from government interference with things like a kids' lemonade stand to earn some money and learn entrepreneurship, yet only a few years later, they flip flopped and imposed the tax once again (brought to you by the taxpayer-funded lobbyists at the Texas Association of Counties). We're choking under regulation!
The long, incremental march to increase your taxes and erode your freedom to travel is alive and well, and it’s often being perpetrated by big government Republicans, not Democrats. There are literally dozens more bad bills that passed one chamber or both this session, but it’s time to turn off the firehose. You get the idea. Calling the session a 'mixed bag’ is being generous. TURF will release its Report Card later this summer, with each lawmaker’s grade based on every record vote related to every transportation bill we weighed in on, and EVERY legislator was given fair notice of our support or opposition prior to each vote. So let the accountability begin!
89th Session Wrap-Up:
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