Automated Vehicle Authorization Requirements – Senate Bill 2807 (89R)
The 89th Texas Legislature passed Senate Bill 2807 (89R) in 2025 creating a required authorization for the commercial operation of automated vehicles on Texas roads. Companies are required to receive authorization prior to operating vehicles controlled by automated driving systems in Texas. The Texas Department of Motor Vehicles (TxDMV) has administrative authority to issue and revoke these authorizations, as well as the authority to restrict operations while authorization remains, and the Texas Department of Public Safety and local law enforcement agencies have authority over on road enforcement of the operations and adherence to traffic laws. These laws are codified in Texas Transportation Code, Subchapter J, Chapter 545.
Senate Bill 2807 (89R) became effective September 1, 2025, allowing state agencies to begin implementing the law’s provisions, but not requiring enforcement of the provisions at that time. The department and DPS both proposed and adopted administrative rules related to the new programs, the latest of which become effective on February 27, 2026. Per the implementing provisions of the bill, the authorization requirements become enforceable 90 days after the effect date of the final rules – May 28, 2026. All companies operating automated vehicles commercially on or after May 28, 2026, are required to maintain an active authorization with TxDMV.
- Automated Vehicle: A motor vehicle on which an automated driving system is installed that is capable of being operated with Level 4 automation or Level 5 automation (as specified in the SAE International Standard J3016, April 2021).
- Automated Driving System (ADS): Hardware and software that, when installed on a motor vehicle and engaged, are collectively capable of operating the vehicle with Level 3, Level 4, or Level 5 automation by performing the entire dynamic driving task for the vehicle on a sustained basis, regardless of whether the system is limited to a specific operational design domain.
- Commercial Activity: Operation of an automated motor vehicle to transport property or passengers in furtherance of a commercial enterprise on Texas roads without a human driver.
| Note: The following provides information about an upcoming department regulatory process. The authorization described is not yet available. The department expects to begin accepting applications for authorization to operate automated vehicles by the beginning of May 2026. The regulation becomes fully enforceable on May 28, 2026, at which time an authorization will be required to operate automated vehicles on Texas roads for commercial purposes. |
Commercial operation of automated vehicles – those operated by an engaged automated driving system – on Texas roads requires the operator to hold an authorization issued by the Texas Department of Motor Vehicles. Commercial activity is the transportation of property or passengers in furtherance of a commercial enterprise. Individually owned vehicles, operated for personal use, do not require an authorization.
To receive an authorization, a company can apply through the department’s Texas Motor Carrier Credentialing System (TxMCCS). The electronic application form requires basic applicant contact information. The applicant must also acknowledge a written statement that the vehicle is:
- Capable of operating in compliance with applicable traffic and motor vehicle laws of this state;
- Equipped with a required recording device;
- Equipped with an automated driving system in compliance with applicable federal law;
- Capable of achieving a minimal risk condition if a failure of the automated driving system occurs that renders the system unable to perform;
- Registered and titled in accordance with the laws of this state; and
- Covered by motor vehicle liability coverage or self-insurance in an amount equal to or greater than the amount of coverage that is required under the laws of this state or federal law, as applicable to the type and use of the vehicle.
The applicant must also certify that the Texas Department of Public Safety has been provided a copy of the plan specifying how a person who provides firefighting, law enforcement, ambulance, medical, or other emergency services should interact with the automated motor vehicle during the provision of those services as required by Texas Transportation Code, §545.455.
No fees are required for an authorization to operate automated vehicles. Authorizations do not expire and are valid until revoked by the department. An authorization holder is required to update the department of any material changes to the information provided at the time of application within 30 days of the change.
Once the application is complete and approved, the applicant will be able to maintain the listing of their active vehicles by adding and deleting specific vehicles connected to the authorization.
| Note: The following provides information about an upcoming department regulatory process. The authorization described is not yet available. The department expects to begin accepting applications for authorization to operate automated vehicles by the beginning of May 2026. The regulation becomes fully enforceable on May 28, 2026, at which time an authorization will be required to operate automated vehicles on Texas roads for commercial purposes. |
Automated vehicles operating in Texas are subject to both roadside and administrative enforcement. Roadside enforcement is the authority of the Texas Department of Public Safety and local law enforcement agencies and is intended to ensure consistent public safety in the same way such enforcement applies to human-driven vehicles. Automated vehicles are subject to the same traffic laws and public safety standards as any other vehicle.
Administrative enforcement of the issued authorization to operate automated vehicles for a commercial purpose is the authority of the Texas Department of Motor Vehicles (TxDMV) and is managed by the Enforcement Division. Once a commercial entity is issued an authorization for automated vehicle operation, they must ensure the vehicle consistently maintains driving activity in accordance with public safety. Beginning May 28, 2026, concerns about automated vehicles operating in ways that could result in serious bodily injury can be submitted to the TxDMV Enforcement Division for review.
If the department determines that an automated motor vehicle operating under an authorization is not in safe operational condition and the operation of the vehicle on a highway or street endangers the public, the department will initiate the suspension, revocation, cancelation, or restriction of the authorization. The operation of an automated motor vehicle is considered to endanger the public when the operation has resulted, or is likely to result, in serious bodily injury as defined by Section 1.07, Texas Penal Code. In such cases the department will follow a notification and appeals process dictated by state law:
- The department notifies the authorization holder of the intended enforcement action, and provides the authorization holder a specific period of time to correct the identified public safety concern.
- If the authorization holder fails to provide certification of corrected operations, the department will issue an administrative enforcement decision to the authorization holder.
- If the authorization holder does not request a review of the administrative enforcement decision within 10 days of issuance, the decision becomes final on the 11th day. If a review is requested, the result of that review becomes the final decision. The enforcement action takes effect on the date of the final decision.
- An authorization holder has 10 days to request that a final decision be reviewed by the State Office of Administrative Hearings (SOAH). The department will file a request for a SOAH hearing within 10 days of receiving the request, and the hearing must be held within 60 days of the request filed by the department. If the hearing is not held within the required time, then the authorization is immediately reinstated.
The department’s Enforcement Division is developing a process for the submission and review of complaints related to concerns about the safe operation of automated vehicles. More information on filing such a complaint will be available prior to May 28, 2026.
The Texas Department of Motor Vehicles is developing additional instructional materials for law enforcement on the automated vehicle program. These materials will be available here soon.