What Is the AI Rule in Texas?

The AI rule in Texas is the Texas Responsible AI Governance Act, known as TRAIGA or HB 149. It's the centerpiece of the most comprehensive state-level AI governance framework in the American South — and it's enforceable right now.

But TRAIGA isn't the only AI rule in Texas. The 89th Legislature passed four AI statutes in 2025. Here's what each one does and who it applies to.

The 4 Texas AI Laws

What TRAIGA Actually Requires

TRAIGA is an intent-based law. It doesn't classify AI systems by risk level (like the EU does). Instead, it defines 7 specific practices that are prohibited — and if your AI system was designed or deployed with one of those prohibited intents, you're in violation.

The prohibited practices include:

• AI designed to incite self-harm, harm to others, or criminal activity
• AI used with the sole intent to discriminate against protected classes
• AI that infringes constitutional rights
• AI that generates child sexual abuse material
• AI that creates deepfake intimate imagery without consent
• Government social scoring systems
• Government use of biometric ID without informed consent

The NIST Safe Harbor

TRAIGA includes something most state AI laws don't: a codified legal defense. If your organization can demonstrate alignment with the NIST AI Risk Management Framework (Govern, Map, Measure, Manage), that alignment serves as an affirmative defense against enforcement.

This is not a suggestion. It's written into the statute. But the documentation must be timestamped and must predate any AG enforcement action to qualify.

Who Does It Apply To?

TRAIGA applies to any organization whose AI systems affect individuals in Texas — regardless of where the company is headquartered. If your AI chatbot, hiring algorithm, lending model, or recommendation engine interacts with Texas residents, you're subject to the law.

Your specific obligations depend on your deployer type:

• Private sector — TRAIGA only (1 statute)
• Government agencies — TRAIGA + SB 1964 + HB 3512 (3 statutes)
• Healthcare providers — TRAIGA + SB 1188 (2+ statutes)

What Are the Penalties?

Up to $200,000 per violation, enforced exclusively by the Texas Attorney General. Each deployment or use of a prohibited AI system constitutes a separate violation.

The law does provide a 60-day cure window for first violations — but only if the violation is cured and no consumer harm persists within that window.

What Should You Do?

Three steps, starting today:

1. Inventory every AI system that touches Texas residents
2. Screen each system against the 7 prohibited practices
3. Document your NIST AI RMF alignment with timestamps

The AI rule in Texas is not coming. It's here. The organizations that build their compliance posture now own the enforcement timeline. The ones that wait become the case studies.