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Texas Responsible Artificial Intelligence Governance Act (TRAIGA)

In forceTexas TRAIGA

Summary

TRAIGA prohibits developing or using AI with intent to manipulate people into self-harm or crime, to discriminate intentionally, to infringe constitutional rights, or to produce illegal sexual content. It requires consent to capture biometric data and AI-use disclosure in health care and by public agencies. Only the Attorney General enforces it; discovering a violation through adversarial testing or through an internal review aligned with the NIST AI RMF Generative AI Profile or another recognized framework serves as a defense.

Who it applies to

Anyone who develops or deploys AI in Texas or offers it to Texas residents, including foreign companies.

Penalties

$10,000 to $12,000 per curable violation, $80,000 to $200,000 per uncurable violation and $2,000 to $40,000 per day if it continues (§ 552.105). Before suing, the Attorney General must give notice and 60 days to cure (§ 552.104). No private right of action (§ 552.101).

Official name
Texas Responsible Artificial Intelligence Governance Act (HB 149, 89th Legislature, Regular Session)
Official reference
HB 149, firmada el 22 de junio de 2025; vigente el 1 de enero de 2026
Regulator
Texas Attorney General
Official source
Check the sourceHow we verify sources

Key dates

Obligations and dates

Obligations table
ObligationArticle or citationStatusDateWho it applies toVerification
Do not develop or deploy AI for prohibited purposesTex. Bus. & Com. Code §§ 552.052, 552.056 y 552.057In forceJanuary 1, 2026Applies to any organization that develops or uses AI with people in Texas.Verified in the official source on November 4, 2026
Consent to capture biometric identifiersTex. Bus. & Com. Code § 503.001(b-1), (e), (f) (modificado por HB 149, sec. 2)In forceJanuary 1, 2026Applies if you capture face, voice, fingerprint or other biometric identifiers of people in Texas for commercial purposes.Verified in the official source on November 4, 2026
AI-use disclosure in health care servicesTex. Bus. & Com. Code § 552.051(f)In forceJanuary 1, 2026Applies to health care providers that use AI in patient care in Texas.Verified in the official source on November 4, 2026
AI-interaction disclosure by public agenciesTex. Bus. & Com. Code § 552.051(b)-(e)In forceJanuary 1, 2026Applies to Texas public agencies that use AI with the public.Verified in the official source on November 4, 2026
NIST AI RMF-aligned program as a defenseTex. Bus. & Com. Code §§ 552.103(b) y 552.105(e)Regulator guidanceAlready applicableRecommended for any organization with Texas exposure: not mandatory, but it provides a defense before the Attorney General.Verified in the official source on November 4, 2026

Do not develop or deploy AI for prohibited purposes

Tex. Bus. & Com. Code §§ 552.052, 552.056 y 552.057In force

Applies from January 1, 2026

When it relates
Applies to any organization that develops or uses AI with people in Texas.
What the rule provides
  • Prohibit AI uses intended to incite self-harm, violence or crime.
  • Prohibit intentional discrimination against protected groups (disparate impact alone is not a violation).
  • Prohibit generating illegal sexual deepfakes or child sexual abuse material, and chatbots that imitate minors in sexual content.
Typical evidence
  • Documented review of use cases against the list of prohibitions (recommended; the law does not require a written policy)
Verification
Verified in the official source on November 4, 2026Checked in the enrolled text of HB 149 (capitol.texas.gov), effective Jan 1, 2026 (Section 10): § 552.052 (manipulation to incite self-harm, violence or crime), § 552.056 (intentional discrimination; disparate impact alone is not enough) and § 552.057 (illegal sexual content, deepfakes and chatbots imitating minors). §§ 552.053 (social scoring) and 552.054 (biometrics) bind only governmental entities.

AI-use disclosure in health care services

Tex. Bus. & Com. Code § 552.051(f)In force

Applies from January 1, 2026

When it relates
Applies to health care providers that use AI in patient care in Texas.
What the rule provides
  • Tell the patient or their representative that AI is used in the service or treatment no later than the date the service or treatment is first provided (in emergencies, as soon as reasonably possible).
Typical evidence
  • Patient notice and delivery record
Verification
Verified in the official source on November 4, 2026Checked in the enrolled text of HB 149 (capitol.texas.gov), effective Jan 1, 2026 (Section 10): § 552.051(f): the provider gives the disclosure "not later than the date the service or treatment is first provided" and, in emergencies, "as soon as reasonably possible".

AI-interaction disclosure by public agencies

Tex. Bus. & Com. Code § 552.051(b)-(e)In force

Applies from January 1, 2026

When it relates
Applies to Texas public agencies that use AI with the public.
What the rule provides
  • Disclose before or at the time of interaction that the person is interacting with AI, even if it would be obvious.
  • Make it clear and conspicuous, in plain language and without dark patterns; a hyperlink to a separate page may be used.
Typical evidence
  • Notice in service channels
Verification
Verified in the official source on November 4, 2026Checked in the enrolled text of HB 149 (capitol.texas.gov), effective Jan 1, 2026 (Section 10): § 552.051(b)-(e): disclosure before or at the time of interaction, even if obvious, clear and conspicuous, in plain language and without dark patterns; it may be given through a hyperlink.

NIST AI RMF-aligned program as a defense

Tex. Bus. & Com. Code §§ 552.103(b) y 552.105(e)Regulator guidance

Already applicable

When it relates
Recommended for any organization with Texas exposure: not mandatory, but it provides a defense before the Attorney General.
What the rule provides
  • Document substantial compliance with the latest version of the NIST AI RMF Generative AI Profile (NIST AI 600-1) or another recognized framework, with an internal review process.
  • Run adversarial testing (red teaming) and keep the findings: discovering a violation that way is also a defense.
  • Have ready the information the Attorney General can request: purpose, training data, inputs, outputs, metrics, limitations and safeguards.
Typical evidence
  • Map of how your controls address the NIST AI RMF functions
  • Red-teaming reports
  • System cards
Verification
Verified in the official source on November 4, 2026Checked in the enrolled text of HB 149 (capitol.texas.gov), effective Jan 1, 2026 (Section 10): § 552.105(e)(2) (no liability if the violation is discovered through adversarial or red-team testing, or through an internal review with substantial compliance with the latest NIST Generative AI Profile or another recognized framework) and § 552.103(b) (information the Attorney General may request). Shown as a recommendation because it is not an obligation.

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