The Texas Responsible Artificial Intelligence Governance Act (TRAIGA), HB 149, took effect January 1, 2026. Unlike Colorado's original impact-based model, TRAIGA is intent-based: it targets AI deployed with the intent to discriminate, manipulate, or cause specified harms. It gives a defense to organizations that find violations through an internal review while substantially complying with the NIST AI Risk Management Framework, and the Attorney General has sole authority to sue. Other 2025 laws set rules for state agencies' use of AI, AI in health records, and automated decisions in insurance utilization review.
Key points
- TRAIGA (HB 149) has been in effect since January 1, 2026.
- It is intent-based, so prohibitions generally require deliberate misuse.
- Prohibited 'restricted purposes' include encouraging self-harm, unlawful discrimination, infringing constitutional rights, and generating CSAM.
- Companies that substantially comply with the NIST AI RMF and find a violation through internal review have a defense to liability.
- Penalties reach $200,000 for uncurable violations, with lower amounts for curable ones and daily penalties for continuing violations. There is no private right of action.
- On October 23, 2026 the Attorney General sued OpenAI and its chief executive, Sam Altman, in Collin County district court under the Deceptive Trade Practices Act, alleging that OpenAI misrepresented ChatGPT's safety and failed to protect Texans, including children. The petition also cites the SCOPE Act and seeks civil penalties and injunctions that would block minors' access and require a court-appointed evaluator to approve new models.
Laws and instruments
Texas Responsible Artificial Intelligence Governance Act (TRAIGA)
HB 149 (89th Leg.); signed June 22, 2025
Applies to developers and deployers doing business in Texas or serving Texas residents. Prohibits AI built or used for restricted purposes, limits certain biometric uses, and requires disclosure of AI use in some health contexts and by state agencies.
Effective: January 1, 2026
SB 1964: Government use of AI
SB 1964 (89th Leg.); signed June 20, 2025
Requires the Department of Information Resources to set an AI code of ethics aligned with the NIST AI RMF, which state agencies and local governments must adopt. Sets standards and impact assessments for heightened-scrutiny AI systems and requires state agencies to disclose public-facing AI.
Effective: September 1, 2025
SB 1188: AI in electronic health records
SB 1188 (89th Leg.); signed June 20, 2025
Lets health care practitioners use AI for diagnosis only within the scope of their license and after reviewing AI-created records, and requires them to disclose that use to patients.
Effective: September 1, 2025
SB 815: AI in utilization review
SB 815 (89th Leg.); signed June 20, 2025
Bars utilization review agents from using an automated decision system to make an adverse determination in whole or in part, and lets the insurance commissioner audit their use of such systems.
Effective: September 1, 2025
Timeline
- June 20, 2025
Governor Abbott signs SB 1964, SB 1188, and SB 815 on government AI, health records, and utilization review.
- June 22, 2025
Governor Abbott signs HB 149.
- September 1, 2025
SB 1964, SB 1188, and SB 815 take effect.
- January 1, 2026
TRAIGA takes effect and is enforceable.
- September 1, 2026
Deadline for the Attorney General's online complaint portal under TRAIGA, which is now live.
- October 23, 2026
The Attorney General sues OpenAI and Sam Altman in Collin County district court under the Deceptive Trade Practices Act.
Who it applies to
Developers and deployers that conduct business in Texas, offer products or services used by Texas residents, or develop or deploy AI within Texas. Other 2025 laws apply to state agencies and local governments, health care practitioners, and utilization review agents.
Penalties
Curable violations $10,000 to $12,000; uncurable violations $80,000 to $200,000; $2,000 to $40,000 per day for continuing violations. Attorney General enforcement; after a court finding and an Attorney General referral, licensing agencies may add sanctions of up to $100,000. No private right of action.
Recent developments
October 23, 2026
Office of the Texas Attorney General
Texas sues OpenAI and Sam Altman over ChatGPT's safety
The Attorney General sued OpenAI and its chief executive, Sam Altman, in Collin County district court under the Deceptive Trade Practices Act, alleging that the company misled users about ChatGPT's risks and failed to protect Texans, including children. The petition, which also cites the SCOPE Act on minors' online safety, asks for civil penalties and injunctions that would block minors' access to ChatGPT and require a court-appointed evaluator to approve new models. It follows suits against OpenAI by at least eight other states, announced on October 14.
January 1, 2026
King & Spalding
A wave of US state AI laws takes effect: California, Texas, Illinois
California's frontier transparency and training-data laws, Texas TRAIGA, and Illinois' AI employment amendment all took effect on the same day, three weeks after the federal preemption order. For now every one of them remains enforceable, and most follow the affected resident rather than the company's location.
Common questions
Does Texas have a comprehensive AI law?
It has a broad AI statute. The Texas Responsible Artificial Intelligence Governance Act (TRAIGA), HB 149, took effect January 1, 2026. Unlike Colorado's original impact-based model, TRAIGA is intent-based: it targets AI deployed with the intent to discriminate, manipulate, or cause specified harms. It gives a defense to organizations that find violations through an internal review while substantially complying with the NIST AI Risk Management Framework, and the Attorney General has sole authority to sue. Other 2025 laws set rules for state agencies' use of AI, AI in health records, and automated decisions in insurance utilization review.
What are the penalties for AI violations in Texas?
Curable violations $10,000 to $12,000; uncurable violations $80,000 to $200,000; $2,000 to $40,000 per day for continuing violations. Attorney General enforcement; after a court finding and an Attorney General referral, licensing agencies may add sanctions of up to $100,000. No private right of action.
Who does AI regulation in Texas apply to?
Developers and deployers that conduct business in Texas, offer products or services used by Texas residents, or develop or deploy AI within Texas. Other 2025 laws apply to state agencies and local governments, health care practitioners, and utilization review agents.
Cite this page
Artificial Intelligence Regulations, "AI Regulation in Texas," reviewed October 26, 2026, https://artificialintelligenceregulations.com/jurisdictions/texas.html.
Entries state the position as of the review date and link to the primary text for verification.
