In 2017, Texas made a pioneering move in adopting autonomous vehicle (AV) technology by passing Senate Bill 2205 (SB 2205), which established a legal framework for the testing and operation of self-driving cars on public roads. This law marked Texas as an early adopter of AV regulations, facilitating innovation in the sector while maintaining safety standards. However, the regulatory environment continued to evolve, and in 2021, House Bill 3026 (HB 3026) was introduced to refine and expand upon SB 2205, offering more detailed provisions on the testing and operation of autonomous vehicles. Together, these two bills provided the groundwork for a comprehensive framework that fosters innovation while ensuring public safety.
SB 2205, the first major step toward regulating autonomous vehicles in Texas, primarily focused on the testing and operation of AVs on public roads without the need for a human driver. It defined autonomous vehicles as those capable of operating without human intervention, yet still within the existing regulatory framework for motor vehicles.
The bill allowed the testing of Level 3 to Level 5 autonomous vehicles—ranging from partial to full autonomy—while requiring a remote operator to be available in case human intervention was necessary. Additionally, the bill set forth requirements for a testing permit from the Texas Department of Motor Vehicles (TxDMV) and mandated that AVs meet specific safety standards and comply with traffic laws[1]. Though SB 2205 allowed for driverless operation, it also required that the vehicle’s owner maintain appropriate insurance coverage and hold a driver’s license if the vehicle required human oversight during operation. Public safety was a key priority in SB 2205, with provisions requiring companies to report safety data to the TxDMV, ensuring responsible testing of autonomous vehicles[2].
Building on this foundation, HB 3026, passed in 2021, introduced several key updates to enhance Texas’ regulatory framework. One of the most important revisions was the clarification of the role of remote operators. Under HB 3026, remote operators who supervise autonomous vehicles during testing must be properly trained and capable of assuming control of the vehicle in emergency situations[3]. The bill also emphasized the need for clear communication between remote operators and the AVs. Furthermore, HB 3026 expanded provisions for testing vehicles with Level 3 and Level 4 autonomy, ensuring that even partially autonomous vehicles, where human intervention may still be needed, were adequately regulated. For Level 5 vehicles, those requiring no human input at all—the law also provided clear guidelines.
Another significant change introduced by HB 3026 was the clarification of liability and insurance requirements for autonomous vehicles. The bill specified that the AV’s owner must maintain liability insurance covering accidents caused by vehicle malfunction, software failure, or operator error. The bill also acknowledged the complexities of liability in accidents involving autonomous vehicles, where multiple parties—including manufacturers, software developers, and human operators—could be responsible. Additionally, HB 3026 sought to facilitate the integration of autonomous vehicles into Texas’ infrastructure by promoting collaboration with local authorities and encouraging the development of smart roadways and connected vehicle infrastructure, which will be critical as AVs become more prevalent on the roads. The bill also laid the groundwork for increased safety protocols, including regular audits of AV manufacturers, stricter data reporting requirements, and third-party safety assessments to ensure vehicles meet state safety standards before they can operate on public roads.
HB 3026 also expanded testing opportunities to include autonomous commercial vehicles, such as self-driving trucks. Given Texas’ significant role in the U.S. transportation and logistics sectors, this expansion could have a transformative impact on the state’s freight industry. Autonomous trucks, if successfully integrated, could revolutionize freight transport across Texas and beyond, creating new opportunities for innovation and economic growth.
Together, SB 2205 and HB 3026 provide a legal framework that not only supports the development and testing of autonomous vehicles but also ensures that public safety is prioritized. These laws encourage innovation in the autonomous vehicle sector by creating clear regulatory pathways for testing and operation. They also help prepare Texas’ infrastructure for the future of transportation, particularly the integration of autonomous freight vehicles and the necessary infrastructure to support them. Texas has positioned itself as a leader in autonomous vehicle development, offering a model for other states to follow as they seek to regulate this emerging technology.
Looking ahead, as autonomous vehicle technology continues to evolve, Texas’ regulatory framework may also need to adapt. Future legislative updates could address new challenges such as data privacy, cybersecurity, and complex liability issues that may arise as autonomous vehicles become more widespread. However, for now, SB 2205 and HB 3026 offer a strong foundation for the development, testing, and eventual operation of autonomous vehicles on Texas’ roads. With these laws in place, Texas remains at the forefront of autonomous vehicle innovation, providing a stable and supportive environment for developers, manufacturers, and innovators to thrive while maintaining a strong focus on safety.
[1] Texas Senate Bill 2205, 85th Legislature, Regular Session, (2017)
[2] Texas Executive Order on Autonomous Vehicles, 2021, https://www.txdot.gov/content/dam/project- sites/cavtaskforce/docs/2021/08/VotingDFistribution_WhitePaper_FINAL_Texas_CAVTF_CAV_Licensing_060321.pdf
[3] Texas House Bill 3026, 87th Legislature, Regular Session (2021)
