EdLaw nat/us/state/tx/traiga/README.md

language: en · status: in-force · last checked: 2026-09-07

Texas TRAIGA — Business & Commerce Code Subtitle D (Artificial Intelligence Protection)

H.B. 149 (89th Legislature, 2025), cited by its own §1 as the Texas Responsible Artificial Intelligence Governance Act, in force 1 January 2026. It creates Subtitle D of Title 11 of the Business & Commerce Code: general provisions and definitions (Chapter 551), the substantive duties and prohibitions with their enforcement (Chapter 552), a regulatory sandbox programme (Chapter 553) and the Texas Artificial Intelligence Council (Chapter 554).

TRAIGA is intent-based, not risk-tier-based: unlike the EU AI Act, it does not classify systems by risk and impose graduated conformity duties. It prohibits specified purposes — behavioural manipulation, social scoring, biometric identification without consent, intentional discrimination, and certain sexually explicit content — and leaves everything else to general law. §552.056(c) makes the point explicitly: a disparate impact is not by itself sufficient to demonstrate an intent to discriminate.

Applicability to EdTech

Contents

Document Covers
AI-PROTECTION.md Chapter 551 in full (§§551.001–551.003) and Chapter 552 in full (§§552.001–552.106)

Chapters 553 (sandbox programme) and 554 (AI Council) are institutional machinery and are linked under Sources rather than extracted: sandbox testing is entered by application and prior approval (§553.052), and the Council "may not … adopt rules or promulgate guidance that is binding for any entity" (§554.103). Extract them if a sandbox application or a Council consultation becomes live work.

Key obligations at a glance

Enforcement

Exclusively the Attorney General (§552.101), with investigative authority under §552.103 and a mandatory 60-day notice and cure period before any action (§552.104) — cure plus a written statement (documentation of the cure and any necessary internal-policy changes) bars the action. There is no private right of action (§552.101(b)), and a rebuttable presumption that the person used reasonable care (§552.105(c)). Civil penalties are tiered by curability: $10,000–$12,000 per curable violation (or per breach of a cure statement), $80,000–$200,000 per uncurable violation, and $2,000–$40,000 per day for a continuing violation (§552.105(a)). Separately, a state agency may sanction its own licensees — suspension, probation or revocation, plus a monetary penalty up to $100,000 — but only after a §552.105 finding and on the Attorney General's recommendation (§552.106). Local regulation of AI is preempted (§552.003).

Licence

The reproduced text is Tex. Bus. & Com. Code chs. 551 and 552, enacted by the Texas Legislature and served by the Texas Legislative Council on statutes.capitol.texas.gov. No copyright subsists in this text. In Georgia v. Public.Resource.Org, Inc., 590 U.S. 255 (2020), the Supreme Court held: "Under what has been dubbed the government edicts doctrine, officials empowered to speak with the force of law cannot be the authors of—and therefore cannot copyright—the works they create in the course of their official duties." It went on: "judges—and, we now confirm, legislators—may not be considered the 'authors' of the works they produce in the course of their official duties as judges and legislators. That rule applies regardless of whether a given material carries the force of law." (slip opinion, pp. 1 and 5–6, read 2026-10-01.)

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Sources