Privacy Law Library

Texas Responsible Artificial Intelligence Governance Act

TRAIGA

Artificial intelligence · Biometric · Government records

Texas's AI statute sets baseline prohibitions on developing or deploying AI to manipulate people toward self-harm or crime, to unlawfully discriminate, to infringe constitutional rights, or to produce child sexual abuse material. It requires government agencies and health care providers to tell people they are interacting with AI, bars government social scoring and non-consensual biometric identification, and creates an AI regulatory sandbox and the Texas Artificial Intelligence Council. It also amended the biometric law (503.001) and TDPSA processor duties (541.104).

Where
Texas
Citation
Tex. Bus. & Com. Code chs. 551-554 (H.B. 149, 89th Leg., R.S.)
Status
In force
In force since
2026-01-01
Enforced by
Texas Attorney General (exclusive); licensing agencies may add sanctions on AG recommendation (552.101, 552.106)
People can sue
No
Penalties
After a 60-day cure period: $10,000-$12,000 per curable violation, $80,000-$200,000 per uncurable violation, and $2,000-$40,000 per day for continuing violations; agency sanctions up to $100,000 (552.104-552.106).
Applies to
  • Persons who promote, advertise, or conduct business in Texas, produce products or services used by Texans, or develop or deploy an AI system in Texas (551.002)
  • Governmental agencies and entities for the disclosure, social-scoring, and biometric-identification rules (552.051, 552.053, 552.054)
  • Licensed health care providers using AI in service or treatment (552.051(f))

What a privacy notice must say

  • Governmental agencies must clearly disclose to consumers that they are interacting with an AI system, without dark patterns, even if it would be obvious.Tex. Bus. & Com. Code 552.051(b)-(e)
  • Health care providers using AI in a service or treatment must disclose it to the patient or representative by the time the service is first provided (or as soon as possible in an emergency).Tex. Bus. & Com. Code 552.051(f)

Practices it requires

  • Governmental entities may not use AI for social scoring that leads to unjustified or unrelated detrimental treatment.Tex. Bus. & Com. Code 552.053
  • Governmental entities may not use AI to uniquely identify a person from biometric data or scraped images without consent where that would infringe the person's rights; a violation of 503.001 is also a violation of this section.Tex. Bus. & Com. Code 552.054
  • Do not develop or deploy AI with intent to unlawfully discriminate against a protected class; disparate impact alone does not show intent.Tex. Bus. & Com. Code 552.056
  • Do not develop or distribute AI with the sole intent of producing unlawful child sexual abuse material or sexual deepfakes, or chatbots that simulate sexual conduct while imitating a minor.Tex. Bus. & Com. Code 552.057
  • Do not develop or deploy AI that intentionally aims to incite self-harm, harm to others, or criminal activity.Tex. Bus. & Com. Code 552.052

Other duties

  • The Department of Information Resources runs an AI regulatory sandbox with periodic participant reports.Tex. Bus. & Com. Code 553.051-553.103

Sources

Checked against these sources on 2026-09-24 by research agent (Claude), primary sources.

Research reference, not legal advice.