Texas
Texas Self-Driving Car Laws: SB 2807 and Robotaxi Rules (2026)
Independently fact-checked against primary sources (last audited September 30, 2026). · 15 primary sources cited on this page. How we verify our legal content

Yes, driverless cars may legally operate in Texas, including with no one inside, if the vehicle meets the conditions in Chapter 545, Subchapter J of the Transportation Code. Since Senate Bill 2807 took effect, a company that uses driverless vehicles to carry passengers or goods for business must also hold an authorization from the Texas Department of Motor Vehicles (TxDMV) and file an emergency-response plan with the Department of Public Safety (DPS). Companies have had to comply since May 28, 2026.
Are self-driving cars legal in Texas?
Yes, with conditions. Section 545.455(a) of the Texas Transportation Code states that "any motor vehicle equipped with an automated driving system may operate in this state." It adds that an automated motor vehicle may operate with the system engaged "regardless of whether a human driver is physically present" in it.

Texas has no separate testing permit for self-driving cars. The state's approval requirement is aimed at one activity: driverless commercial operation, covered below.
The law uses two defined terms, and the difference matters:
- An automated driving system is hardware and software capable of performing the entire driving task on a sustained basis at Level 3, 4 or 5, as those levels are defined in the SAE J3016 standard (April 2021 version).
- An automated motor vehicle is a vehicle with a system capable of Level 4 or Level 5 operation, meaning it can drive itself without a person ready to take over. Most of the rules in the statute, including the permit, citation and license rules, are written for this category.
A driver-assist feature that requires a person to supervise it, such as adaptive cruise control or a hands-on lane-keeping system, is below Level 3 and does not meet the statute's definition. The person at the wheel remains the driver. The levels of driving automation guide explains how to tell the levels apart.
The six conditions every Level 4 or Level 5 automated vehicle must meet
Under Section 545.455(b), an automated motor vehicle may not operate on a Texas highway or street with the system engaged unless the vehicle is:
- Capable of operating in compliance with Texas traffic and motor vehicle laws.
- Equipped with a recording device, as defined in Section 547.615(a), installed by the manufacturer of the vehicle or of the driving system.
- Equipped with a driving system that complies with federal law, including federal motor vehicle safety standards.
- Capable of achieving a "minimal risk condition," a stable, stopped state, if the system fails and can no longer drive.
- Registered and titled under Texas law.
- Covered by liability insurance or self-insurance at least equal to what state or federal law requires for that type and use of vehicle.
These apply to everyone, including a private owner. The next layer applies only to commercial driverless operation.
What SB 2807 changed, and when it took effect
Texas first passed an automated vehicle law in 2017. Senate Bill 2807, passed in the 2025 regular session, rewrote Subchapter J and took effect September 1, 2025. It did not require anyone to comply right away. Section 12(b) of the bill delayed compliance until the 90th day after the implementing rules of both agencies took effect.
| Date | What happened |
|---|---|
| September 1, 2025 | SB 2807 takes effect (Acts 2025, 89th Leg., R.S., Ch. 1034) |
| January 1, 2026 | DPS rules on first responder interaction plans take effect (37 TAC ch. 39) |
| February 27, 2026 | TxDMV authorization rules take effect (43 TAC ch. 220) |
| May 28, 2026 | Companies operating driverless vehicles commercially must hold an active TxDMV authorization |
The biggest changes from the 2017 law:
- Who the operator is. The old text made the owner of the automated driving system the operator, and only for traffic-law compliance. The new text makes the system itself the operator and names who receives citations.
- A permit for commercial driverless operation. Before SB 2807, no state approval was required. Now TxDMV authorization and a DPS plan are required.
- A criminal penalty for operating commercially without them.
- State agencies. The old law said automated vehicles were governed "exclusively" by the subchapter. The new law bars state agencies only from regulation that discriminates against automated vehicles or the people operating them.
- Rideshare and insurance. Robotaxi services that book paid rides through a digital network now fall under the state's rideshare licensing and insurance laws.
Who is the "operator" of a self-driving car in Texas?
Section 545.454(a) says that when an automated driving system is engaged, "the automated driving system is the operator of the vehicle, including for purposes of assessing compliance with applicable traffic or motor vehicle laws."
The rule makes the system the operator generally, and the word "including" marks traffic-law compliance as one application, such as whose conduct is judged when the car runs a light or speeds. It does not say a passenger is the operator, and it does not say how the rule applies to civil claims for injuries. Civil fault in Texas still runs through ordinary negligence, product liability and insurance law. See who is liable in a self-driving car accident for how those claims work.
Section 545.454(c) adds that, notwithstanding any other law, neither a licensed human driver nor a Texas driver's license or commercial driver's license is required to operate an automated motor vehicle when its system is engaged.
That license exemption is written for automated motor vehicles (Level 4 or 5). A Level 3 car, which expects a person to take over when asked, has an automated driving system under the definition, but the exemption does not extend to it.
Who gets the ticket when a driverless car breaks a traffic law?
A person does. Under Section 545.454(b), when the system is engaged in an automated motor vehicle, "the owner of, or if the vehicle is operating under an authorization issued by the department under Section 545.456, the authorization holder for, the automated motor vehicle shall be issued any citation for a violation of traffic or motor vehicle laws related to the vehicle."
In practice:
- A robotaxi or driverless delivery vehicle operating under a TxDMV authorization: the authorization holder receives the citation.
- A privately owned automated vehicle with no authorization: the owner receives it.
TxDMV says roadside enforcement of automated vehicles belongs to DPS and local police, "in the same way such enforcement applies to human-driven vehicles," and that automated vehicles "are subject to the same traffic laws and public safety standards as any other vehicle." In Texas, a driverless violation leads to a citation issued to a person or company. The page can a self-driving car get a ticket compares the other approaches.
Section 545.452(c) also lets the Public Safety Commission exempt automated vehicles by rule from a specific traffic law, if it determines the exemption will not risk public safety.
Does a robotaxi company need a permit in Texas?
Yes, if it runs vehicles commercially with no human driver, and it has had to comply since May 28, 2026. Section 545.455(c) says a person may not operate an automated motor vehicle "to transport property or passengers in furtherance of a commercial enterprise" on a Texas highway or street without a human driver unless both of these are true:

- The person holds and maintains an authorization from TxDMV under Section 545.456.
- DPS has been given a first responder interaction plan in the form DPS requires.
This covers robotaxis, driverless delivery vehicles and driverless trucks alike. TxDMV's program page states that "individually owned vehicles, operated for personal use, do not require an authorization."
What the TxDMV authorization requires
Companies apply through TxDMV's Texas Motor Carrier Credentialing System (TxMCCS). Under Section 545.456(b), the application must include:
- The applicant's contact information and vehicle descriptive information.
- A written statement by the applicant or the manufacturer of the vehicle or driving system acknowledging that each vehicle meets the six operating conditions listed above.
- A certification that DPS has been given the first responder interaction plan.
If the application complies with the rules, TxDMV "shall approve the application and issue a unique operating number" authorizing driverless operation. There is no fee. An authorization does not expire and stays active unless TxDMV suspends, revokes or cancels it.
The holder must file an update within 30 days after material information in its documents changes. Under the adopted rules, it must answer a TxDMV request for an updated document within five days, unless TxDMV grants an extension. TxDMV may immediately suspend, revoke or cancel an authorization for failing to do either, and must promptly lift that action once it receives the documents.
When TxDMV can suspend or revoke an authorization
For safety problems, Section 545.459 sets out the only process TxDMV may use. It applies when TxDMV determines a vehicle "is not in safe operational condition" and its operation "endangers the public," defined as operation that "has resulted in or is likely to result in serious bodily injury."
The steps are:
- Notice of intent. TxDMV sends the holder a summary of its findings and evidence, gives a reasonable period to fix the problem, and states whether it will suspend, revoke, cancel or restrict operations if the holder does not.
- Correction. Before the deadline, the holder must fix the issues and certify how, such as specific adjustments to the driving system or new operating measures. TxDMV may extend the deadline on a reasonable written request.
- Decision. If the holder does not comply, TxDMV issues its decision.
- Review. The holder has 10 days to ask TxDMV to review it, and TxDMV must rule within 10 days. With no request, the decision becomes final on the 11th day. The sanction takes effect only when the decision is final.
- Hearing. The holder may then request a hearing at the State Office of Administrative Hearings within 10 days. The hearing must be held within 60 days of TxDMV's final determination, or the authorization is automatically reinstated. Judicial review is available.
TxDMV must lift a sanction at any time once the holder makes the corrections and certifies them. TxDMV says it is "unlikely to take administrative enforcement action" in cases that do not meet the serious-bodily-injury standard.
The DPS first responder interaction plan
The plan must explain how police, firefighters, and ambulance and other emergency crews should interact with the vehicle, including:
- How to reach a fleet support specialist who is available while the vehicle operates.
- How to safely remove the vehicle from the roadway and tow it.
- How to tell whether the driving system is engaged.
- Any other hazard or public-safety information the company or manufacturer considers necessary.
DPS's rule (37 TAC § 39.3) adds a visible requirement. The fleet support telephone number must be "prominently displayed on the vehicle," with a QR code next to it that links to the plan. The plan must also name the person responsible for any enforcement action, and it must be updated after any material change or on DPS's request.
The penalty for operating without authorization
Operating an automated vehicle commercially without a human driver, without the authorization and plan, is a Class B misdemeanor under Section 545.455(d), and under Section 545.455(e) "each day the person operates" in violation "constitutes a separate offense."
For an individual, a Class B misdemeanor carries a fine of up to $2,000, up to 180 days in jail, or both (Penal Code § 12.22). A company convicted of the offense is sentenced under Penal Code § 12.51, which allows a fine of up to $10,000 per offense for a Class B misdemeanor or, if the court finds the company gained money or caused injury, death or property loss through the offense, up to double the gain or loss.
Can Austin, Dallas or Houston regulate robotaxis?
Not as a regulator of how they operate. Section 545.452(b) says: "A political subdivision of this state may not impose a franchise or other regulation related to the operation of an automated motor vehicle or automated driving system." In plain terms, a city or county cannot impose a franchise or its own rules on how automated vehicles operate. Subchapter J gives automated vehicles no general exemption from traffic laws: each automated motor vehicle must be capable of complying with applicable Texas traffic and motor vehicle laws (Section 545.455(b)(1)). A robotaxi on a rideshare network stays subject to local traffic rules applied to all vehicles alike (Occupations Code § 2402.003(e)), and an automated commercial motor vehicle must follow local commercial vehicle regulations (Section 545.458(b)).
A second layer of state control comes from the rideshare law. Occupations Code § 2402.003 makes regulation of rideshare companies and the vehicles they use "an exclusive power and function of this state." Local governments may not tax, license, set rates for or impose operating requirements on them, but they keep the power to enforce traffic rules that apply equally to all vehicles.
That law has narrow exceptions: an airport owner or operator, and the body with jurisdiction over a cruise ship terminal, may impose regulations, including a reasonable fee, on rideshare companies serving those sites. State agencies, for their part, may not adopt regulations that discriminate against automated vehicles, or the people operating them, relative to other vehicles.
Robotaxis are rideshare companies under Texas law
SB 2807 added Section 2402.005 to the Occupations Code. An entity that, for compensation, lets a passenger prearrange a ride in an automated motor vehicle through its digital network "is a transportation network company" and is subject to the rideshare law. That means it needs a rideshare permit from the Texas Department of Licensing and Regulation.
A permitted rideshare company may use automated vehicles it owns or that operate under a contract with it. Any rideshare rule that refers to a "driver" includes the automated vehicle, except rules that "by nature" apply only to a human driver. Two rules were adjusted for robotaxis:
- The four-door requirement for rideshare vehicles does not apply to an automated vehicle.
- The accessibility pilot program that rideshare companies must run does not apply to a company that provides rides with automated vehicles.
A robotaxi company in Texas that books rides through an app therefore deals with three agencies: TDLR for the rideshare permit, TxDMV for the driverless authorization, and DPS for the emergency-response plan.
Insurance requirements for self-driving cars in Texas
Texas does not set a separate dollar amount for automated vehicles in general. Section 545.455(b)(6) requires coverage or self-insurance at least equal to what state or federal law requires "as applicable to the type and use of the vehicle."
For a private passenger vehicle, the ordinary Texas minimum under Transportation Code § 601.072 is $30,000 per person and $60,000 per collision for bodily injury, and $25,000 for property damage. Commercial vehicles and trucks fall under their own state and federal requirements.
Robotaxis on a rideshare network carry more. Insurance Code § 1954.003, added by SB 2807, treats an automated motor vehicle as a rideshare driver, so the rideshare coverage rules apply:
| Phase | Minimum coverage |
|---|---|
| Logged on and waiting for a ride request | $50,000 per person and $100,000 per incident for bodily injury; $25,000 property damage |
| During a prearranged ride | $1 million total per incident for death, bodily injury and property damage |
| Both phases | Uninsured/underinsured motorist and personal injury protection coverage where the Insurance Code requires them |
For how these rules compare with other states, see self-driving car insurance.
Driverless trucks in Texas
Texas law applies the same framework to trucks. A driverless truck hauling freight for a business is transporting property in furtherance of a commercial enterprise, so it needs a TxDMV authorization and a DPS plan.

Section 545.458 adds that an automated vehicle that is a commercial motor vehicle must follow the commercial vehicle laws and regulations of the state and of any political subdivision, except any provision that "by its nature reasonably applies only to a human driver." Federal trucking rules still apply as well. The autonomous truck laws page covers the federal side, including the warning-device waiver.
Where robotaxis operate in Texas (as of September 2026)
As of September 2026, Waymo's own service page lists Austin, Dallas, Houston and San Antonio among the cities where it is "serving riders," with Austin rides booked through Uber. Service areas change often, so check the operator's own site for current coverage.
TxDMV's program page does not publish a list of authorization holders. Law enforcement can check whether a vehicle or company holds an authorization through TxDMV's Truck Stop portal. For the safety record of one of the largest fleets, see Waymo robotaxi accidents.
Can you get a DWI in a self-driving car in Texas?
SB 2807 does not address intoxication. Texas's DWI statute, Penal Code § 49.04, makes it an offense to be "intoxicated while operating a motor vehicle in a public place." Subchapter J makes the driving system the operator "including for purposes of" traffic and motor vehicle laws, but it does not say how that rule interacts with the Penal Code, and it does not say whether a passenger in a driverless vehicle is "operating" it for DWI purposes.
The practical answer depends on the vehicle. Riding as a passenger in a driverless robotaxi is different from sitting behind the wheel of a car with a driver-assist system you are supposed to supervise, where you remain the driver. See DUI in a self-driving car and Texas DWI laws.
What to do after a crash with a self-driving car in Texas
A driverless vehicle is not exempt from the rules that apply after a collision. Section 545.457 requires "the automated motor vehicle, a person on behalf of the automated motor vehicle, or any human driver" to comply with Chapter 550, the state's collision-duty law. Your own duties are the same as in any crash.
- Stop and check for injuries. Chapter 550 requires the operator of any vehicle in a collision involving injury, death or damage to an attended vehicle to stop at or near the scene and stay until the information duties are met. In a damage-only crash on a metro-area freeway where every vehicle can be driven safely, the law directs drivers to move to a safe nearby location, such as the frontage road or a cross street, before exchanging information.
- Call police when required. If anyone is hurt or killed, or a vehicle cannot be driven safely, the collision must be reported immediately to local police or the sheriff. An officer who investigates a crash involving injury, death or apparent damage of $1,000 or more must file a written report.
- Collect the vehicle's details. Photograph the vehicle, its plate and its markings. A commercial driverless vehicle must display the fleet support telephone number and QR code required by DPS. Chapter 550 requires an operator to give its name and address, the vehicle's registration number and its insurer, and Section 545.457 makes the automated vehicle or a person acting for it comply.
- Preserve the evidence. Every automated vehicle in Texas must carry a manufacturer-installed recording device. Under Section 547.615, data from such a device may be retrieved by someone other than the owner only with the owner's consent, by court order, or for limited safety and emergency purposes. A lawyer can send a preservation request early. See do robotaxis record you.
- Report dangerous operation. From May 28, 2026, TxDMV accepts concerns about automated vehicles operating in ways that could result in serious bodily injury or death through its Truck Stop portal.
- Mind the deadlines. Texas generally allows two years to sue for personal injury or property damage, and two years from the death for a wrongful-death claim (Civil Practice and Remedies Code § 16.003). Under Texas proportionate responsibility (Civil Practice and Remedies Code § 33.001), you cannot recover if you are found more than 50 percent responsible.
For the rest of the claim process, see Texas car accident laws and Texas statutes of limitations. A crash with a driverless truck is covered under truck accident law.
How Texas compares with other states
Texas combines a very permissive baseline with a state-level approval for commercial service. Anyone may operate an automated vehicle that meets the six conditions, with no testing permit. But a business running driverless vehicles needs a TxDMV authorization that the state can suspend for safety reasons.
Other states take different routes, from separate testing and deployment permits to no permit at all. The self-driving car laws by state hub compares every state, and federal self-driving car laws covers the national rules that sit on top of them. Neighboring profiles include Arizona and Florida.
Frequently Asked Questions
Is it legal to ride in a driverless car in Texas?
Yes, if the vehicle meets Texas law. Section 545.455 of the Transportation Code allows an automated motor vehicle to operate with its system engaged whether or not a human driver is aboard. A company carrying paying passengers without a driver must also hold a TxDMV authorization and have filed a DPS first responder plan, and a company that books those rides through an app or other digital network also needs a TDLR rideshare permit.
Is Tesla's robotaxi legal in Texas?
Texas law applies the same rules to every company. A robotaxi carrying passengers for business without a human driver must meet the six operating conditions in Section 545.455(b), hold a TxDMV authorization and have filed a first responder plan with DPS. If it books rides through an app or other digital network, it also needs a TDLR rideshare permit. A driver-assist feature that must be supervised, such as a Level 2 system, does not make a privately owned car an automated motor vehicle under the statute; the person at the wheel is the driver.
What is Texas SB 2807?
SB 2807 is the 2025 Texas law that rewrote the state's automated vehicle rules in Chapter 545, Subchapter J of the Transportation Code. It took effect September 1, 2025. It makes the driving system the operator of the vehicle, including for traffic-law compliance, requires TxDMV authorization for commercial driverless operation, adds a Class B misdemeanor, and brings robotaxis under rideshare licensing and insurance rules. Compliance was required from May 28, 2026.
Who gets the ticket if a Waymo breaks a traffic law in Texas?
Under Section 545.454(b), when the driving system is engaged, the citation goes to the authorization holder if the vehicle operates under a TxDMV authorization, and otherwise to the vehicle's owner. For a commercial robotaxi fleet, that is the company holding the authorization.
Can a Texas city ban robotaxis?
Not as a regulator of how they operate. Section 545.452(b) bars any political subdivision from imposing a franchise or other regulation related to the operation of automated vehicles, and state law makes rideshare regulation an exclusive state power. Robotaxis on rideshare networks stay subject to local traffic rules applied to all vehicles alike, and automated commercial vehicles must follow local commercial vehicle regulations. The rideshare law has narrow exceptions for airports and cruise ship terminals, which may regulate rideshare companies serving them and charge a reasonable fee.
Do you need a driver's license to operate a self-driving car in Texas?
Not for a Level 4 or Level 5 automated motor vehicle with its system engaged. Section 545.454(c) says neither a licensed human driver nor a Texas driver's license or commercial license is required in that case. The exemption does not cover a car with a driver-assist or Level 3 system.
How much insurance does a robotaxi need in Texas?
A robotaxi on a rideshare network is treated as a rideshare driver. During a ride, it must carry at least $1 million per incident for death, bodily injury and property damage. While logged on and waiting for a request, the minimums are $50,000 per person, $100,000 per incident and $25,000 for property damage. Uninsured motorist and personal injury protection coverage apply where the Insurance Code requires them.
What happens if a company runs driverless vehicles in Texas without authorization?
It commits a Class B misdemeanor, and each day of operation is a separate offense. A business entity convicted of the offense is sentenced under Penal Code 12.51: a fine of up to $10,000 per offense, or, if the court finds it gained money or caused injury, death or property loss through the offense, up to double the gain or loss. TxDMV can also suspend or revoke an existing authorization for safety problems through the notice-and-hearing process in Section 545.459.
How long do I have to sue after a self-driving car crash in Texas?
Generally two years from the date of injury for personal injury and property damage, and two years from the death for wrongful death, under Civil Practice and Remedies Code 16.003. Some claims have different deadlines, so confirm yours early.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- Tex. Transp. Code ch. 545, subch. J (secs. 545.451-545.459), as amended by SB 2807 (2025): automated motor vehicle operation, authorization, enforcement(tcss.legis.texas.gov).gov
- SB 2807 (89th Leg., R.S., 2025), enrolled bill text, incl. Section 12 compliance timing and Insurance Code / Occupations Code amendments(capitol.texas.gov).gov
- TxDMV Automated Vehicles Regulatory Program: authorization, fees, enforcement, May 28, 2026 compliance date(www.txdmv.gov).gov
- TxDMV adoption of 43 TAC ch. 220 (Automated Motor Vehicles), effective February 27, 2026(www.txdmv.gov).gov
- Texas Register, adopted 37 TAC ch. 39 (DPS first responder interaction plans), effective January 1, 2026(www.sos.state.tx.us).gov
- Texas Register, proposed 37 TAC 39.3 text (adopted without changes): first responder plan contents, phone number and QR code(www.sos.state.tx.us).gov
- Tex. Ins. Code ch. 1954: 1954.003 (automated motor vehicle treated as rideshare driver), 1954.052-1954.053 coverage minimums(tcss.legis.texas.gov).gov
- Tex. Occ. Code ch. 2402: 2402.003 state control, 2402.005 automated vehicles, 2402.111(d), 2402.113(e)(tcss.legis.texas.gov).gov
- Tex. Transp. Code 601.072: minimum liability coverage amounts(tcss.legis.texas.gov).gov
- Tex. Transp. Code ch. 550: duties after a collision (550.021-550.026, 550.062)(tcss.legis.texas.gov).gov
- Tex. Transp. Code 547.615: recording devices and data retrieval(tcss.legis.texas.gov).gov
- Tex. Civ. Prac. & Rem. Code 16.003: two-year limitations period(tcss.legis.texas.gov).gov
- Tex. Civ. Prac. & Rem. Code 33.001: proportionate responsibility bar(tcss.legis.texas.gov).gov
- Tex. Penal Code 12.22 and 12.51: Class B misdemeanor punishment for individuals and business entities(tcss.legis.texas.gov).gov
- Tex. Penal Code 49.04: driving while intoxicated(tcss.legis.texas.gov).gov
- Waymo 'Where Waymo is driving' service page (company statement of cities served, read September 2026)(waymo.com)