/>iOn June 22, 2025, Texas Governor Greg Abbott signed the Texas Responsible AI Governance Act (TRAIGA) into law. Despite the ongoing debate in the U.S. Senate over the provision in the reconciliation bill that declares a moratorium on the ability of states to legislate artificial intelligence (AI), the signing of HB 149 is a declaration that states will continue to legislate when it comes to consumer protection and the AI use unless such is preempted by a final passed reconciliation bill. That bill is pending in the Senate as of this writing.
According to Abbott’s office:
“By enacting the Texas Responsible AI Governance Act, Gov. Abbott is showing Texas-style leadership in governing artificial intelligence. During a time when others are asserting that AI is an exceptional technology that should have no guardrails, Texas shows that it is critically important to ensure both innovation and citizen safety. Gov. Abbott’s support also highlights the importance of the states as bipartisan national laboratories for nimbly developing AI policy.”
The bill seeks to: “facilitate and advance the responsible development and use of artificial intelligence systems; protect individuals and groups of individuals from known and reasonably foreseeable risks associated with artificial intelligence systems; provide transparency regarding risks in the development, deployment, and use of artificial intelligence systems; and provide reasonable notice regarding the use or contemplated use of artificial intelligence systems by state agencies.”
TRIAGA applies to developers and deployers of AI systems, including government entities. A developer and deployer of AI is broadly defined as one who “develops or deploys an artificial intelligence system in Texas.” It requires government entities to provide clear and conspicuous notice, to consumers, before or at the time of interaction, that the consumer is interacting with AI, which can be done through a hyperlink. It prohibits government entities from using AI to assign a social score, including evaluating an individuals based on personal characteristics of social behavior, or uniquely identify a consumer using biometric data without the individual’s consent.
TRIAGA further prohibits any person from developing or deploying an artificial intelligence system that “intentionally aims to incite or encourage a person to: (1) commit physical self-harm, including suicide; (2) harm another person; or (3) engage in criminal activity.” It further prohibits developing or deploying an AI system with the “sole intent” to “infringe, restrict, or otherwise impair an individual’s rights guaranteed under the United State Constitution,” or “unlawfully discriminate against a protected class,” or “producing, assisting or aiding in producing, or distributing” sexually explicit content and child pornography, including deep fakes.
The Texas Attorney General has exclusive jurisdiction over enforcement of TRIAGA and can levy civil penalties after court determination, depending on the intent and failure to cure violations in amounts of between $10,000 and $200,000, with a continued violation subject to penalties of not less than $2,000 and not more than $40,000 “for each day the violation continues.”
The law goes into effect January 1, 2026, so now is the time to determine whether it applies to you, and what measures to take to comply.
