Autonomous vehicles law and regulation in Texas, United States

Note: The United States is not a CMS office. This chapter is provided for informational purposes only and is considered additional content outside the core CMS jurisdictional structure.

Due to the United States’ system of Federal and State laws, each state is left to create its own laws and regulations with no Federal control

What laws regulate the use of autonomous vehicles in your jurisdiction?

Texas Transportation Code, Title 7. Vehicles and Traffic, Subtitle C. Rules of the Road, Chapter 545. Operation and Movement of Vehicles, Subchapter J. Operation of Automated Motor Vehicles (§ 545.451 to § 545.459) governs autonomous vehicles in the state of Texas.

Those sections are:

§ 545.451. Definitions

§ 545.452. Prohibitions On Regulation of the Operation of Automated Motor Vehicles or Automated Driving Systems by State Agency or Political Subdivision; Exemption from Certain Traffic or Motor Vehicle Laws

§ 545.453. Rules

§ 545.454. Vehicle Operators

§ 545.455. Automated Motor Vehicle Operation; Offense

§ 545.456. Authorization To Operate Automated Motor Vehicle

§ 545.457. Duties Following Collision Involving Automated Motor Vehicle

§ 545.458. Applicability Of Commercial Motor Vehicle Laws to Automated Motor Vehicle

§ 545.459. Enforcement

What are the primary commercial applications of AVs currently permitted in your jurisdiction?

Freight/Heavy-duty long-haul and short-haul trucking, Passenger transport/robotaxis, shuttles. Texas permits broad AV use.

Are there specific restrictions on AV usage, such as geofencing, operational limits, or specific road types where AVs are allowed or prohibited?

Level 3 is fully allowed to operate within the state.

Levels 4 & 5 are further required to: (1) be capable of complying with all Texas traffic laws, (2) have a recording device installed by either the vehicle or software manufacturer, (3) follow any relevant federal laws, (4) be capable of achieving a “minimum risk condition” should any issues arise, (5) be registered and titled properly, and (6) have normal vehicle liability insurance.

Levels 4 & 5 that are to be used for commercial reasons must further: (1) have and maintain an authorization to operate AVs from the Texas Department of Motor Vehicles, (2) Provide the Texas Department of Public Safety with a guide for emergency services on how they can communicate with a fleet specialist, safely move the vehicle, how to recognize when the ADS is active, and any other relevant information.

For Commercial use, each day that an AV is used without the required authorization and safety plan constitutes a new criminal offense.

Is there any regulation for the operation of AVs on private grounds?

No, with two exceptions:
“[1] a private access way or parking area provided for a client or patron by a business, other than a private residential property, or [2] the property of a garage or parking lot for which a charge is made for storing or parking a motor vehicle”

Are there any legal or regulatory safety parameters regarding the use of AVs on public roads?

In addition to the rules set out above, if the Texas Department of Motor Vehicles determines that a vehicle “endangers the public” (is likely to cause bodily injury for any reason), then the department can suspend the authorization. Once the issue is fixed and the department is made aware of the fix, the authorization “shall” be reinstated.

In cases of accidents resulting from decisions made by crash algorithms, who can be held liable?

For SAE 3 – 5 the ADS is considered the operator, however, any citations (tickets\order to appear in court) are issued to the owner/authorization holder.

Thus, in SAE 3, certainly the human for not taking control. In SAE 4 & 5, the owner could be sued, and likely the software creator as well. Most likely, this will require some case law clarification.

Generally however, the owner/driver is required to comply with the general Texas Traffic laws regarding a collision.

In your jurisdiction, it there a legal basis supporting the lawfulness of autonomous decisions that, in extreme situations, impact the physical integrity or life of passengers or other participants to protect one of the involved parties?

No, general Texas traffic laws would apply.

Are there any legal implications regarding the manufacturer’s liability in the event of cyberattacks that affect the operation of AVs (SAE Levels 2-4) or cause harm to passengers?

At this time, such liability would likely fall under product liability, depending on if the manufacturer took all reasonable security measures.

Are there legal grounds authorizing the collection of external data and data from unspecified subjects for system improvement and learning?

Texas law mandates that SAE levels 4 & 5 have a recording device installed. The owner of the vehicle must be made aware of this fact in the Vehicle’s manual. The information collected may be retrieved in 4 ways: (1) by court order, (2) with the consent of the owner, (3) for the purpose of improving vehicle safety (if the identity of the owner is kept anonymous), and (4) for determining the need for emergency services in a collision. As for external data, Texas follows the common law approach of “no expectation of privacy in public spaces,” meaning that data collected on public roads is not protected.

Is there any obligation for AV operators to collect and provide operation data, e.g. telemetrics?

During testing, yes. Once in operation, the data must only be made available upon a collision.

***Texas’ approach is being largely being followed by states such as Arizona and Florida, among other right-leaning (Republican party) states***

What incentives, subsidies, or regulatory support exist for businesses developing and deploying AV technology?

the Texas Department of Transportation is collaborating with the University of Texas to develop Texas SMARTTrack, a facility designed to test connected and autonomous vehicles. The state also has the Connected and Autonomous Vehicle (CAV) Task Force, which brings together government and private sector investments in AVs across the state.

What major AV projects, pilot programs, or business partnerships are currently active in your jurisdiction?

Actively Operational

Waymo, May Mobility, Nuro, Gatik, Kodiak Robotics, Aurora, Bot Auto, Mozee, Coco Robotics, Serve Robotics, some routes via the Houston Metro, and Clevon

Testing/Pilot

Tesla, Cruise, Avride, Plus.ai, Waabi, Torc Robotics, Refraction.AI, Starship Tech., Kiwibot, Zoox and Volkswagen.

The Texas legislature meets every two years, and the current law goes into effect on September 1, 2025. Therefore, no serious changes will be made for at least two years. The only exception could be Section 545.453, which empowers the board of the Texas Department of Motor Vehicles to “adopt rules necessary to administer” the existing law. However, this likely pertains mostly to the exact form and process for permits and authorization, not to substantive legal changes.