Automated Vehicle (AV) Operation Requirements

Any motor vehicle equipped with an automated driving system may operate in Texas, and may operate regardless of whether a human driver is physically present. Texas preempts local discriminatory or franchise-type rules for automated motor vehicles and allows the Texas Public Safety Commission to exempt them from specific traffic laws when deemed safe to do so. AV usage is authorized on streets and highways if the driving system complies with traffic or motor vehicle laws, is licensed to operate, complies with state and federal laws, is capable of minimizing risk if the automated system fails, is equipped with a recording device, is registered with the Texas Department of Motor Vehicles (TxDMV), and is covered by insurance. AVs are defined as motor vehicles with Level 4 or Level 5 automated driving systems that perform the full dynamic driving task. When automated driving is engaged, the automated driving technology is the legal operator, and citations go to the owner or authorization holder. Transport of property or passengers for a commercial enterprise requires TxDMV authorization and an emergency responder interaction plan filed with the Department of Public Safety. After a collision, required crash response duties apply and may be fulfilled by the vehicle or a person on its behalf. Automated commercial motor vehicles must comply with commercial motor vehicle laws, except provisions that inherently apply only to a human driver do not apply when an automated driving systems is engaged, and TxDMV may restrict or suspend driverless operations that endanger the public through a notice and expedited review or hearing process.

(Reference Texas Statutes, Transportation Code 545.451-545.459 and Senate Bill 2807, 2025)