Monitoring the Session

HB 4402

self-driving trucks and buses need a human driver

Did not pass

Verdict: No flags

No flagsInitial review
Rep. Erin GámezDHouse 38

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to human operators of certain automated motor vehicles.

Caption from analyzed text · version I.

Summary

Self-driving cars can still run empty.

The bill requires a licensed human driver to be physically present in any self-driving commercial truck or bus operating in Texas, while ordinary self-driving cars may still run with no one inside. It touches companies running driverless commercial vehicles and the people who ride in them as human operators, who must now hold the right Texas driver's license or commercial license for the vehicle. It also redefines a human operator as someone capable of doing the whole driving job, limits the rule that treats the owner as the operator to non-commercial vehicles, and repeals a separate automated-vehicle section so this subchapter alone governs.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R HB 3274 (Died in committee) and this bill (Did not pass). Checked against 88R only.DO-OVER. Reworked text of a bill filed before that died: 88R HB 3274 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.STALLED AFTER COMMITTEE. Voted out of the House Transportation committee 11-2 on May 7, 2025. Never placed on a calendar. The bill died.

Receipt

The receipt

89R-HB4402 · 2025-03-11

SOLD BY

Rep. Erin GámezDHouse 38

ITEM

relating to human operators of certain automated motor vehicles.

WHAT IT DOES

Self-driving cars can still run empty.

The bill requires a licensed human driver to be physically present in any self-driving commercial truck or bus operating in Texas, while ordinary self-driving cars may still run with no one inside. It touches companies running driverless commercial vehicles and the people who ride in them as human operators, who must now hold the right Texas driver's license or commercial license for the vehicle. It also redefines a human operator as someone capable of doing the whole driving job, limits the rule that treats the owner as the operator to non-commercial vehicles, and repeals a separate automated-vehicle section so this subchapter alone governs.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 27, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Transportation
  4. Posting rule suspended
  5. Scheduled for public hearing on . . .
  6. Considered in public hearing
  7. Testimony taken/registration(s) recorded in committee
  8. Left pending in committee
  9. Considered in formal meeting
  10. Reported favorably w/o amendment(s)
  11. Comte report filed with Committee Coordinator
  12. Committee report distributed
  13. Committee report sent to Calendars
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Erin Gámez

Donors

Texas Trial Lawyers Association PAC$23KAGAVE DEMOCRATIC INFRASRUCTURE FUND$18KTexas REALTORS Political Action Committee$15K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 24, 2024 to Oct 22, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texas Trial Lawyers Association PAC$22,500.00

Texas Trial Lawyers Association PAC

$22,500.00

Cash
$22,500.00
Paid by others
$0.00
Total
$22,500.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jul 24, 2024 to Sep 28, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100987285, 101012324, 101029258, 101060219, 101072494.

AGAVE DEMOCRATIC INFRASRUCTURE FUND$18,375.00

AGAVE DEMOCRATIC INFRASRUCTURE FUND

$18,375.00

Cash
$18,000.00
Paid by others
$375.00
Total
$18,375.00
consulting $375.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · Nov 22, 2024 to Jul 7, 2025. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · Nov 22, 2024 to Jul 7, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100987285, 101029258.

Texas REALTORS Political Action Committee$15,250.00

Texas REALTORS Political Action Committee

$15,250.00

Cash
$15,000.00
Paid by others
$250.00
Total
$15,250.00
advertising $250.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 19, 2024 to Sep 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100987285, 101012324, 101029258, 101069662.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texas Trial Lawyers Association PAC

$22,500.00

Cash
$22,500.00
Paid by others
$0.00
Total
$22,500.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jul 24, 2024 to Sep 28, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100987285, 101012324, 101029258, 101060219, 101072494.

×

AGAVE DEMOCRATIC INFRASRUCTURE FUND

$18,375.00

Cash
$18,000.00
Paid by others
$375.00
Total
$18,375.00
consulting $375.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · Nov 22, 2024 to Jul 7, 2025. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · Nov 22, 2024 to Jul 7, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100987285, 101029258.

×

Texas REALTORS Political Action Committee

$15,250.00

Cash
$15,000.00
Paid by others
$250.00
Total
$15,250.00
advertising $250.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 19, 2024 to Sep 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100987285, 101012324, 101029258, 101069662.

Votes

No floor vote loaded for this bill.

Witnesses13
For
10
Against
3
On
0
Names

For

  • Every Texan (formerly CPPP)1 registration
  • International Brotherhood of Teamsters1 registration
  • Self1 registration
  • Self; Texas Building Trades1 registration
  • Self; Texas TURF, Texans for Toll-free Highways, Grassroots America, Liberty in Action1 registration
  • Self; True Texas Project1 registration
  • Self; True texas project2 registrations
  • Texas AFL-CIO1 registration
  • Texas State Association of Fire Fighters1 registration

Against

  • Kodiak Robotics1 registration
  • Texas Trucking Association1 registration
  • Waymo1 registration
Sources

13 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 27, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 3274

by Rep. Gámez, same lead author · Died in committee · reworked

Introduced text

Last action, May 3, 2023: Left pending in committee

Relating to human operators of automated motor vehicles.

Caption, 88R bill history

Sources

Texas House · Filed Mar 11, 2025

05/10/2025 H Committee report sent to Calendars

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Transportation · Committee vote 11 aye, 2 nay · Out of committee

Subjects

Vehicles & Traffic--Driver's Licenses

Vehicles & Traffic--Rules of Road

Text

The text as introduced · 323 words

89R5169 MZM-D

By: Gámez
H.B. No. 4402

A BILL TO BE ENTITLED

AN ACT

relating to human operators of certain automated motor vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 545.451(4), Transportation Code, is

amended to read as follows:

(4) "Human operator" means a natural person in an

automated motor vehicle who is capable of performing all aspects of

[ controls ] the entire dynamic driving task.

SECTION 2. Section 545.452(a), Transportation Code, is

amended to read as follows:

(a) Unless otherwise provided by this subchapter, the

operation of automated motor vehicles, including any commercial

use, and automated driving systems are governed exclusively by [ :

[ (1) ] this subchapter [ ; and

[ (2) Section 547.618 ].

SECTION 3. Subchapter J, Chapter 545, Transportation Code,

is amended by adding Section 545.4525 to read as follows:

Sec. 545.4525. REQUIREMENTS OF HUMAN OPERATOR. A human

operator of an automated motor vehicle must hold a valid driver's

license issued under Chapter 521 or 522, as appropriate for the type

of vehicle operated.

SECTION 4. Section 545.453, Transportation Code, is amended

by adding Subsection (c) to read as follows:

(c) This section applies only to a motor vehicle that is not

a commercial motor vehicle, as defined by Section 522.003.

SECTION 5. Section 545.454(a), Transportation Code, is

amended to read as follows:

(a) An automated motor vehicle :

(1) that is not a commercial motor vehicle, as defined

by Section 522.003, may operate in this state with the automated

driving system engaged, regardless of whether a human operator is

physically present in the vehicle ; and

(2) that is a commercial motor vehicle, as defined by

Section 522.003, may operate in this state with the automated

driving system engaged only if a human operator is physically

present in the vehicle .

SECTION 6. Section 547.618, Transportation Code, is

repealed.

SECTION 7. This Act takes effect September 1, 2025.