Introduction

The Texas Responsible Artificial Intelligence Governance Act (TRAIGA) [1] [2] [4], now designated as SB 149 [4], represents a significant legislative effort to regulate artificial intelligence (AI) systems within government agencies in Texas. Initially proposed by Representative Giovanni Capriglione [3], the bill has garnered strong bipartisan support, aiming to balance the advancement of AI technology with the protection of civil liberties and privacy [1].

Description

A revised version of the Texas Responsible Artificial Intelligence Governance Act (TRAIGA) [1] [2] [4], initially proposed by Representative Giovanni Capriglione [3], has passed the state House with a strong bipartisan vote of 146-3. Now designated as SB 149 [4], the bill aims to establish a comprehensive framework for regulating AI systems deployed by government agencies while promoting the responsible advancement of AI technology and ensuring the protection of civil liberties and privacy. The legislation introduces an Artificial Intelligence Council within the Texas Department of Information Resources [5], tasked with ensuring that AI systems are ethical [4], transparent [2] [3] [5], and serve the public interest while monitoring the evolving regulatory landscape.

Key provisions of the legislation include mandatory disclosure to consumers when interacting with AI on websites, enhancing accountability in automated decision-making [2]. It prohibits “dark pattern” interactions that undermine user autonomy and bans the creation of unlawful content [4], such as deep fake videos and child pornography. Additionally, TRAIGA prohibits discrimination based on political viewpoints and restricts actions like deplatforming or demonetizing users [4]. Amendments to the bill ensure that AI systems do not infringe on constitutional rights and prohibit harmful applications of AI that limit political expression, including the development of “social scoring” systems that evaluate individuals based on behavior or beliefs [2]. The bill also suggests that AI systems should not uniquely identify individuals if it violates constitutional or legal rights [3], although the language remains vague, potentially allowing for broad interpretation.

To provide regulatory clarity [1], the legislation includes a novel sandbox program designed to balance innovation with the protection of human rights, offering safeguards against costly and time-consuming lawsuits [1]. Despite the bill’s broad support, some lawmakers have expressed concerns regarding potential overreach and unintended consequences, fearing that excessive regulation could hinder competitive advantages in AI innovation, particularly against global competitors like China [5]. Additionally, critics argue that the lack of transparency and enforcement mechanisms [3], particularly regarding the impact assessments mandated by Senator Tan Parker’s complementary bill, SB 1964 [3], could render the legislation ineffective [3]. These assessments [3], while required prior to deploying AI systems, would be exempt from public disclosure under the Texas Public Information Act [3], raising further concerns about accountability.

The Texas legislature is set to adjourn on June 2, 2025 [4], and the bill is expected to move quickly through the Texas Senate [2], positioning the state as a leader in ethical AI development amidst the rapidly evolving landscape of artificial intelligence [2].

Conclusion

The passage of TRAIGA marks a pivotal step for Texas in establishing itself as a leader in ethical AI governance. By addressing key issues such as consumer protection, discrimination [4], and transparency [2] [3] [5], the legislation seeks to foster a responsible AI ecosystem. However, the potential for overregulation and lack of transparency in enforcement remains a concern. As the bill progresses through the legislative process, its implications for innovation and civil liberties will be closely monitored, setting a precedent for AI governance in other jurisdictions.

References

[1] https://www.pressreleasepoint.com/tppf-celebrates-passage-hb-149-out-texas-house-representatives
[2] https://www.highplainspundit.com/2025/04/texas-passes-ai-legislation-aims-to.html
[3] https://www.biometricupdate.com/202504/texas-expanding-ai-surveillance-state-outpaces-legislative-oversight
[4] https://www.transparencycoalition.ai/news/texas-traiga-passes-house
[5] https://spectrumlocalnews.com/tx/south-texas-el-paso/news/2025/04/23/texas-ai-regulation-bill