In short
- What it is
- House Bill 149 of the 89th Texas Legislature, the Texas Responsible Artificial Intelligence Governance Act.
- In effect
- Since January 1, 2026.
- Main rules
- No developing or deploying AI with the intent to cause listed harms, such as inciting violence or unlawful discrimination. Government agencies and health care providers must disclose AI use to the people they serve.
- Who enforces
- The Texas Attorney General, exclusively, after a 60-day chance to cure. No private lawsuits.
- Penalties
- Up to $12,000 per curable violation, $200,000 per uncurable violation and $40,000 per day for a continuing one.
- The law's record
- Texas HB149: status, provisions and sources
- Other Texas AI laws
- Every Texas AI law we track
Timeline
- Governor Greg Abbott signed HB 149.
- The law took effect.
Who it covers
TRAIGA applies to anyone who promotes, advertises or does business in Texas, offers products or services used by Texas residents, or develops or deploys an AI system in Texas. It separates two roles:
- Developers create an AI system that is offered, sold, leased or otherwise provided in Texas.
- Deployers put an AI system into service or use in Texas.
Some rules apply to everyone; others, like social scoring and the disclosure duty, apply only to government entities.
What it bans
Most of the bans turn on intent. Building or using an AI system that happens to cause one of these harms is not enough on its own.
| Practice | Who it applies to | The line |
|---|---|---|
| Manipulating people to harm themselves or others, or to commit crimes | Everyone | Developing or deploying AI that intentionally aims to incite or encourage self-harm, harm to another person or criminal activity. |
| Social scoring | Government entities | Using AI to score people in a way that leads to detrimental treatment unrelated or disproportionate to what was observed. |
| Identifying people from their biometrics | Government entities | Using AI to uniquely identify someone from biometric data taken from public sources without their consent, where that would violate their rights. |
| Infringing constitutional rights | Everyone | Developing or deploying AI with the sole intent of infringing, restricting or impairing rights under the U.S. Constitution. |
| Unlawful discrimination | Everyone | Developing or deploying AI with the intent to unlawfully discriminate against a protected class. A disparate impact alone does not show intent. |
| Sexual content involving minors | Everyone | Developing or distributing AI with the sole intent of producing child sexual abuse material or sexual deepfakes of minors. |
The law also changes Texas's biometric identifier law: a person has not consented to the collection of their biometric data just because an image or recording of them is on the internet, unless they made it public themselves.
Who must disclose AI use
- Government agencies that make available an AI system meant to interact with consumers must tell each consumer, before or at the time of the interaction, that they are interacting with AI. The notice must be clear, conspicuous and in plain language, and may be a hyperlink.
- Health care providers that use an AI system in relation to a health care service or treatment must give the patient the same disclosure.
TRAIGA does not impose a general AI disclosure duty on private businesses. For the states that do, see AI disclosure laws by state.
Enforcement and penalties
- The Attorney General has exclusive enforcement authority and must run an online complaint system. After a complaint, the office can issue civil investigative demands.
- Before suing, the Attorney General must give written notice of the violation. The company then has 60 days to cure it.
- There is no private right of action.
| Violation | Civil penalty |
|---|---|
| Curable violation (or a breach of a statement made to cure one) | $10,000 to $12,000 each |
| Uncurable violation | $80,000 to $200,000 each |
| Continuing violation | $2,000 to $40,000 per day |
State agencies can also sanction people they license, with a penalty of up to $100,000 and license suspension, but only after a court has found a violation and the Attorney General recommends action.
Defenses
A defendant is not liable if it:
- discovers the violation itself, for example through testing, adversarial testing or red teaming; or
- substantially complies with the latest version of NIST's AI Risk Management Framework: Generative AI Profile, or another nationally or internationally recognized AI risk management framework, and has an internal review process.
Sandbox and AI council
Regulatory sandbox. The Department of Information Resources runs a program that lets approved companies test AI systems for up to 36 months without some state licenses or permits they would otherwise need. Participants apply, report quarterly and can be removed from the program.
Texas Artificial Intelligence Council. A seven-member council attached to the Department of Information Resources: three members appointed by the governor, two by the lieutenant governor and two by the Speaker of the House, with a chair named by the governor. Its job is to help make sure AI systems in Texas are ethical and serve the public interest; it can issue reports and recommendations to the Legislature, but they are not binding.
TRAIGA also says it preempts city and county rules that regulate AI.
How it compares
Earlier versions of TRAIGA followed Colorado's AI Act, with duties for "high-risk" AI systems and impact assessments. The enacted law dropped that approach. Colorado has since replaced its own law with a narrower one on automated decision-making (SB 26-189, from January 1, 2027), and Utah's AI law centers on disclosure. Federal efforts to preempt state AI laws are covered in our preemption guide.
FAQ
Is TRAIGA in effect?
Yes, since January 1, 2026.
Does TRAIGA require impact assessments or bias audits?
No. The enacted law has no impact assessment or audit requirement. Its bans apply to intentional conduct.
Do private businesses have to disclose that they use AI?
Not under TRAIGA, unless they are health care providers using AI in a service or treatment. Government agencies must disclose.
Can I sue a company under TRAIGA?
No. Only the Texas Attorney General can enforce it. Complaints go to the Attorney General.
What is the maximum penalty?
$200,000 per uncurable violation, plus up to $40,000 a day while a violation continues.
Sources
- HB 149, 89th Legislature: bill history and actions, Texas Legislature Online.
- HB 149, enrolled text, Texas Legislature Online.
- HB 149, fiscal note (enrolled version), Legislative Budget Board.
- TX HB149 (2025), LegiScan.
- Texas adopts the Responsible AI Governance Act, DLA Piper, June 25, 2025.
- Texas Legislature Passes Comprehensive AI Bill, Shook, Hardy & Bacon.
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This explains the law in plain language and is not legal advice. AI Laws by State reviews this page against the sources above and updates it when the law or its enforcement changes.