Pregnant HOV Bill Could Be Troublesome for Police

May 12, 2025 – The Texas House has advanced House Bill 2462, a proposal that would allow pregnant drivers to use High Occupancy Vehicle (HOV) lanes by recognizing an unborn child as a second passenger. Lawmakers framed the measure as a “Mother’s Day gift,” signaling support for expectant mothers and reinforcing Texas’ legal stance on fetal personhood.

The bill, authored by Rep. Briscoe Cain (R-Deer Park), amends current traffic laws to consider a fetus as a qualifying occupant in HOV lanes, which typically require two or more people per vehicle. Supporters argue the legislation acknowledges the unique burdens of pregnancy and provides a practical benefit to women who often travel alone to medical appointments or work.

“This is a small but meaningful way to support Texas mothers,” Cain said during floor debate. The bill passed with strong Republican backing and now heads to the Senate for consideration.

Critics, however, warn that the bill could set a precedent for broader legal implications by extending personhood to unborn children in additional areas of law. Similar legislation has been introduced in other states, but Texas would be among the first to implement such a rule statewide.

Then there is the burden of proof that a woman stopped for driving in the HOV lane is actually pregnant. Will she be required to present a lab report, or similar documentation to avoid a fine?

If passed, HB 2462 would go into effect on September 1, 2025.