Texas AI New Regs are Here! How Does the "Responsible AI Governance Act" Affect You and Me? Understand it in One Article!
6/3/20255 min read
The wave of artificial intelligence (AI) is sweeping the globe, profoundly changing the way we live and work. But as AI technology develops rapidly, how to ensure its responsible, safe, and ethical application has become an important issue facing governments worldwide. Recently, the state of Texas in the United States has taken an important step in AI legislation. Its "Responsible Artificial Intelligence Governance Act" (H.B. No. 149) has been passed by the state legislature and is receiving much attention. How will this bill shape the future of AI in Texas? And what impact will it have on businesses and individuals? Let's interpret it in detail together.
I. Bill Name and Legislative Process
The full name of this bill is the "Texas Responsible Artificial Intelligence Governance Act." The bill has completed the legislative process; the House of Representatives passed it on April 23, 2025, the Senate passed an amended version on May 23, 2025, and the House finally approved the Senate amendments on May 30, 2025. After being finally signed, the bill is scheduled to officially take effect on January 1, 2026.
II. Core Objectives and Scope of the Act
The "Texas Responsible AI Governance Act" aims to:
Promote and advance the responsible development and use of artificial intelligence systems.
Protect individuals and groups 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.
Provide reasonable notice regarding the use or contemplated use of artificial intelligence systems by state agencies.
The Act applies to individuals or entities that promote, advertise, or conduct business in Texas; produce products or services used by Texas residents; or develop or deploy artificial intelligence systems in Texas.
III. Key Points! What are the Basic Provisions of the Act?
This comprehensive bill proposes several specific requirements and restrictions on the development and use of AI systems:
Disclosure Required for AI Interaction: Government agencies using AI systems to interact with consumers must clearly inform consumers before or at the time of interaction that they are communicating with an AI system. This disclosure must be clear, conspicuous, use plain language, and must not employ "dark patterns." When AI is used in healthcare services, patients must also be informed in advance (except in emergencies).
Prohibition on Manipulating Human Behavior: The development or deployment of AI systems with the intentional aim of inciting or encouraging others to commit physical self-harm (including suicide), harm others, or engage in criminal activity is prohibited.
Prohibition on Government "Social Scoring": Government entities are prohibited from using AI systems to evaluate or classify individuals or groups based on social behavior or personal characteristics with the intent to calculate or assign a "social score" that could lead to unfair treatment or infringement of rights.
Regulation of Biometric Data Use: It amends the consent requirements for capturing and storing biometric identifiers for commercial purposes, emphasizing that merely publicly available images online (unless posted by the individual тема) are insufficient to constitute informed consent. Government entities are prohibited from developing or deploying AI systems to uniquely identify specific individuals using biometric data or to collect public images without individual consent if such actions would infringe upon individual legal rights.
Protection of Constitutional Rights and Anti-Discrimination: The development or deployment of AI systems with the sole intent to infringe, restrict, or impair an individual's rights guaranteed under the United States Constitution is prohibited. The development or deployment of AI systems with the intent to unlawfully discriminate against protected classes (such as race, gender, religion, etc.) is prohibited. However, a disparate impact alone is not sufficient to demonstrate intent to discriminate.
Prohibition on Generating Specific Inappropriate Content: The development or distribution of AI systems with the sole intent to produce or assist in producing illegal pornographic materials or deepfake videos or images in violation of the law is prohibited; also prohibited is the intentional development or distribution of AI systems that engage in text-based conversations describing sexual conduct while impersonating or imitating a child under 18.
State Preemption: State-level regulations on the use of artificial intelligence systems will supersede any local government regulations.
IV. Who Pays? Violations and Penalties
The bill clearly defines enforcement agencies and corresponding penalties:
Attorney General's Exclusive Enforcement Power: The Texas Attorney General has the exclusive authority to enforce the relevant chapters of this Act (Chapter 552). The Act does not create a private right of action.
Online Complaint Mechanism: The Attorney General must establish an online mechanism on their website by September 1, 2026, for consumers to submit complaints.
Investigation and Opportunity to Cure: The Attorney General may conduct investigations upon receiving a complaint. After determining a violation, the involved party will be notified in writing and given a 60-day period to cure the violation. If corrected within this period and relevant proof is submitted, the Attorney General may not initiate legal action.
Civil Penalties:
For curable violations or breaches of statements submitted to the Attorney General, each violation will be fined not less than $10,000 and not more than $12,000.
For violations determined by the court to be incurable, each violation will be fined not less than $80,000 and not more than $200,000.
For continued violations, a daily fine of not less than $2,000 and not more than $40,000.
The Attorney General may also seek injunctive relief and recover attorney's fees and investigation costs.
Safe Harbor Defense: Liability may be avoided if the violation was caused by another party's misuse of the AI system, or if the defendant discovered and addressed the violation through feedback, testing (including adversarial testing or red-teaming), following state agency guidelines, or complying with frameworks like the NIST AI Risk Management Framework. The Attorney General may not bring a civil penalty action against an AI system that has not been deployed.
Additional Sanctions by State Agencies: If a person is found by the Attorney General to be in violation, and the Attorney General recommends further enforcement by the relevant state agency, that agency may impose additional sanctions on individuals or entities it licenses, registers, or certifies, including license suspension or revocation, probation, and monetary penalties up to $100,000.
V. Balancing Innovation and Regulation: AI Regulatory Sandbox and Council
To encourage innovation, the bill also stipulates the establishment of:
Artificial Intelligence Regulatory Sandbox Program: To be established by the Texas Department of Information Resources in consultation with the Texas Artificial Intelligence Council, this program allows individuals or entities to test innovative AI systems for a limited time and scope, during which certain state licensing or registration requirements may be waived. The program aims to promote the safe and innovative application of AI while balancing consumer protection, privacy, and public safety needs. Participants must apply and be approved, with a testing period not exceeding 36 months (extendable).
Texas Artificial Intelligence Council: This council is established to ensure the ethical development of AI systems in Texas and in the public's best interest, identify and recommend reforms to laws and regulations that impede AI innovation, evaluate opportunities for AI to enhance government efficiency, and provide guidance and recommendations to the legislature on the ethical and legal use of AI, among other duties. The council will consist of 7 members and will be administratively attached to the Department of Information Resources.
Conclusion
The enactment of the "Texas Responsible Artificial Intelligence Governance Act" marks a solid step forward for the state in the field of AI regulation. It attempts to strike a balance between encouraging technological innovation and preventing potential risks, setting a clear legal framework for the healthy development of AI. Although the full impact of the bill remains to be seen, it will undoubtedly have profound effects on corporate compliance, individual rights protection, and the future direction of the AI industry. Relevant businesses and developers should pay close attention to the subsequent implementation details of the bill, ensure their actions comply with legal requirements, and jointly promote AI technology to better serve society.