Introduction
The Texas Responsible AI Governance Act (TRAIGA) [1] [5], originally introduced as HB 1709, represents a significant legislative effort to regulate artificial intelligence (AI) within the state. The act, which has undergone substantial revisions [1], aims to balance innovation with the protection of individuals from potential harm [3], drawing inspiration from international frameworks like the European Union’s AI Act.
Description
The revised Texas Responsible AI Governance Act (TRAIGA) [1] [5], initially proposed as HB 1709 [3], has passed the House with a significant majority [1], receiving a vote of 146-3 [1]. This legislation [1] [3], which has garnered considerable attention in 2025 [1], has undergone substantial revisions [1], including three amendments made by the Senate after its passage with a vote of 30-1. The updated provisions of the bill establish a governance framework for the development [1], deployment [1] [3] [4], and use of AI systems in Texas [1], adopting an outcomes-based regulatory approach that focuses on clearly defined harms while allowing companies the flexibility to innovate [5].
TRAIGA aims to regulate AI across various sectors, including health care [4], employment [1] [3] [4], and finance [3] [4], drawing inspiration from the European Union’s AI Act [3] [4]. In response to pushback from the tech industry regarding its broad scope [3], the bill has been refined to balance innovation with the protection of individuals from potential harm [3]. Key provisions mandate that government agencies inform Texans when they are interacting with AI systems on state websites and prohibit the collection of biometric identifiers without consent [3]. Additionally, the bill bans the development of AI systems intended to manipulate human behavior and addresses issues of discrimination [3], particularly in decision-making processes, as well as the exploitation of deep fakes involving children.
To oversee AI usage within state government [3], the establishment of the Texas Artificial Intelligence Council is proposed [3]. This council will identify harmful practices, suggest legislative updates [3], and pinpoint regulations that may hinder innovation [3]. Furthermore, a regulatory “sandbox” will be created [3], allowing developers to test AI systems without facing certain state regulations [3].
The implementation of TRAIGA will require $25 million in funding and the addition of 20 full-time staff positions [3], including 12 in the Attorney General’s office [3]. However, its effectiveness may be limited if Congress enacts a proposed decadelong moratorium on new state AI legislation [3], which would prevent states from enforcing laws related to AI models, systems [1] [2] [3] [4], or automated decision-making for ten years [2]. Critics argue that such a moratorium could undermine consumer privacy protections and enable harmful practices [2], while proponents contend that a unified federal approach is necessary to avoid regulatory fragmentation across states [2].
While the bill aims to alleviate industry concerns regarding punitive measures for innovation [3], it does not allow for a private right of action [3], preventing citizens from suing companies for AI-related violations [3]. During the current legislative session [3], which concludes on June 2 [3], Texas lawmakers are also considering additional AI-related legislation [3] [4], including requirements for political advertisements to disclose AI alterations and a bill to prohibit AI-generated child pornography [3]. Critics [2], including US Senate Commerce Committee Chairman Ted Cruz [5], have expressed concerns that earlier versions of TRAIGA were overly restrictive.
Conclusion
The passage of TRAIGA marks a pivotal step in AI regulation within Texas, aiming to foster innovation while safeguarding individual rights. However, its future effectiveness may be challenged by potential federal legislation imposing a moratorium on state-level AI laws. The ongoing legislative efforts in Texas reflect a broader trend of grappling with the complexities of AI governance, balancing technological advancement with ethical considerations and consumer protection.
References
[1] https://www.transparencycoalition.ai/news/texas-senate-approved-traiga-its-revised-ai-bill-over-the-weekend
[2] https://insider.govtech.com/texas/news/federal-budget-reconciliation-bill-could-kill-texas-ai-regulation-framework
[3] https://www.texastribune.org/2025/05/23/texas-ai-bill-legislation-regulation/
[4] https://www.click2houston.com/news/texas/2025/05/23/texas-lawmakers-push-to-regulate-ai-in-government-and-the-tech-industry/
[5] https://privacy-daily.com/news/2025/05/23/Texas-Senate-Passes-Responsible-AI-Governance-Measure-2505230068
