What happened?

On June 22, 2025, Texas Governor Greg Abbott signed House Bill 149 (HB 149) into law, creating the Texas Responsible Artificial Intelligence Governance Act (TRAIGA), establishing a statewide framework for the responsible use of artificial intelligence (AI).

Overview:

TRAIGA sets rules for how AI can be developed and used in Texas, especially by government agencies and businesses that interact with the public. It aims to protect civil rights, promote transparency, and prevent harmful uses of AI while still encouraging innovation.

Summary of Provisions of TRAIGA:

• Healthcare Disclosure: Healthcare providers must inform patients when AI is used in diagnosis or treatment.

• Ban on Manipulative AI: It is illegal to create or use AI systems that intentionally encourage self-harm, violence, or criminal activity.

• Government Restrictions: State agencies cannot use AI to assign “social scores” or perform biometric identification using public data without consent, especially if it leads to unfair treatment or violates rights.

• Anti-Discrimination Rule: AI systems cannot be used with the intent to discriminate against protected groups. However, unintentional bias (disparate impact) alone does not prove a violation.

• Sexually Explicit Content Ban: The law prohibits AI systems designed to create or distribute child pornography, deepfake sexual content, or simulated sexual conversations involving minors.

• Transparency Requirement: State agencies must clearly disclose when people are interacting with AI systems. This rule does not apply to private sector businesses.

• Biometric Data Protections: Publicly available images or audio do not count as consent for biometric data use. Some exceptions apply, such as for security or fraud prevention.

• AI Sandbox Program: Businesses can test AI systems in a controlled environment for up to 36 months, with regular reporting required.

• Texas AI Council: A 10-member advisory group will monitor AI use in state government, recommend policy updates, and identify barriers to innovation.

• Enforcement: Only the Texas Attorney General can enforce the law. Individuals cannot sue under TRAIGA, but the AG can investigate complaints and issue civil penalties.

Source References

• Texas HB 149 – Relating to regulation of the use of artificial intelligence systems in this state; providing civil penalties

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