Introduction
On June 22, 2025 [2] [3] [4], Texas enacted the Responsible Artificial Intelligence Governance Act (TRAIGA) [1] [3] [4], a landmark legislation aimed at establishing comprehensive standards for AI accountability and governance. This law [2] [3] [4], effective January 1, 2026 [2] [3] [4], sets forth guidelines for the development and deployment of AI systems, emphasizing the prohibition of discriminatory practices and the promotion of transparency and public trust.
Description
On June 22, 2025 [2] [3] [4], Texas enacted the Responsible Artificial Intelligence Governance Act (TRAIGA) [1] [3] [4], which will take effect on January 1, 2026 [3]. This law establishes a significant standard for AI accountability and governance [1], broadly defining an AI system as any machine-based system that generates outputs based on inputs [3], influencing environments [3] [4]. TRAIGA applies to entities developing or deploying AI in Texas [3] [4], conducting business in the state [3] [4], or offering products to Texas residents [3] [4]. It explicitly prohibits the development or use of AI systems intended to discriminate against protected classes under federal or state law [3] [4], as well as those that promote self-harm, harm to others [2], or criminal activities [2], including biometric misuse and discriminatory practices [1].
Enforcement is the sole responsibility of the Texas Attorney General [3], who can issue civil investigative demands based on complaints [2]. Fines for violations can range from $10,000 to $12,000 for curable offenses [2], with additional daily fines for ongoing violations [2], and up to $200,000 for non-curable violations. TRAIGA emphasizes intentional discrimination rather than disparate impact in employment contexts. While employers are not required to disclose their use of AI to job applicants or employees, they must inform consumers when interacting with AI in specific contexts, such as state agencies and healthcare services [4]. Unlike some other jurisdictions [3] [4], TRAIGA does not mandate AI bias assessments [3] [4], but monitoring for adverse effects on protected groups remains essential [3] [4].
To ensure compliance, employers are advised to audit their AI systems to confirm they do not intentionally discriminate and to implement policies and training aimed at mitigating risks [3] [4]. It is recommended that employers seek confirmation from AI vendors regarding the non-discriminatory nature of their tools [3] [4]. Establishing internal governance structures is crucial, which includes forming oversight teams, documenting data use, and testing for prohibited intents [4]. Organizations utilizing AI for employment decisions are encouraged to create governance teams that may include professionals such as Industrial/Organizational Psychologists to evaluate the implications of AI tools effectively.
Additionally, TRAIGA fosters transparency through consumer disclosures [1], aiming to build public trust amid growing skepticism about AI-driven decisions. The law restricts the development or distribution of AI that generates visual content or deep fakes impersonating minors [2], and government entities are barred from creating or using AI for biometric identification or social scoring [2]. Furthermore, TRAIGA adopts a practical approach by offering safe harbors for entities that comply with recognized standards [1], such as NIST’s AI Risk Management Framework [1], encouraging proactive adoption of best practices among businesses and governmental agencies [1]. The AI regulatory sandbox also facilitates innovation by allowing the testing of advanced AI technologies in a structured environment with reduced regulatory burdens [1].
Individuals and businesses involved in AI development in Texas must carefully assess their intended uses and implement necessary safeguards to comply with the law’s prohibitions [2]. TRAIGA not only sets a clear standard for AI governance but also serves as a model for potential nationwide implementation [1], providing valuable insights into balancing accountability [1], transparency [1], innovation [1], and the protection of civil liberties [1]. It represents a proactive legislative effort that anticipates future challenges in AI governance [1].
Conclusion
TRAIGA’s enactment marks a significant step forward in AI governance, setting a precedent for other jurisdictions. By emphasizing accountability, transparency [1], and the protection of civil liberties [1], the law aims to foster public trust and encourage responsible AI innovation. Its comprehensive approach serves as a potential model for nationwide implementation, balancing the need for regulation with the promotion of technological advancement.
References
[1] https://www.linkedin.com/pulse/traiga-setting-standard-responsible-ai-governance-aditya-maurya-fl4jf
[2] https://mainwp.com/what-you-need-to-know-about-the-texas-responsible-artificial-intelligence-governance-act/
[3] https://www.jdsupra.com/legalnews/texas-enacts-new-law-for-employers-9095737/
[4] https://www.berkshireassociates.com/blog/texas-enacts-new-law-for-employers-using-artificial-intelligence
