Texas law requires that PIP coverage be offered to all auto insurance policyholders, but this coverage can be declined in writing. This means that Texas is an at-fault or tort state. In a no-fault state, PIP is mandatory. Texas operates on a modified comparative system. For a driver to receive compensation for an accident, they would need to be considered less than 51 percent at fault. If they are over 51 percent at-fault, they will not be entitled to a claim payout from the other driver's carrier.