TLDR: Texas has enacted the Texas Responsible Artificial Intelligence Governance Act (TRAIGA), alongside Senate Bill 1188, establishing a robust framework for AI regulation. Effective January 1, 2026, TRAIGA mandates transparency, accountability, and ethical AI use across various sectors, with specific, immediate requirements for healthcare providers starting September 1, 2025. These include mandatory disclosure of AI use in patient care, human oversight of AI-generated medical records, and restrictions on biometric data use and offshoring of electronic medical records.
AUSTIN, Texas – Texas has taken a significant leap in artificial intelligence (AI) regulation with the enactment of the Texas Responsible Artificial Intelligence Governance Act (TRAIGA), also known as House Bill (HB) 149, signed into law by Governor Greg Abbott on June 22, 2025. This landmark legislation, effective January 1, 2026, establishes a comprehensive framework for the ethical development, deployment, and use of AI systems across the state, aiming to balance innovation with robust consumer protection.
Complementing TRAIGA is Senate Bill (SB) 1188, signed on June 20, 2025, which introduces immediate and specific requirements for healthcare service providers, taking effect on September 1, 2025. Together, these laws position Texas as a leader in state-level AI governance, being the third state to adopt such comprehensive legislation.
Key Provisions of TRAIGA:
TRAIGA’s core purpose is to promote responsible AI innovation while safeguarding individuals and groups from foreseeable risks. It emphasizes transparency, accountability, and ethical AI use, ensuring that AI systems deployed in Texas operate in a manner that respects privacy, avoids harm, and complies with legal standards. The Act applies broadly to entities that develop, deploy, or market AI systems in Texas, businesses offering AI-powered products or services to Texans, and state agencies utilizing AI systems.
Among its key requirements, TRAIGA mandates clear disclosures when consumers interact with AI systems. Developers are held accountable, needing to ensure AI systems avoid manipulative outcomes, unlawful discrimination, and harm. Furthermore, consumers are granted the right to appeal AI-driven decisions that significantly impact their health, safety, or basic rights.
TRAIGA also introduces specific prohibitions, including the government’s use of AI for social scoring or biometric surveillance without consent. It strictly forbids the development or distribution of AI-generated child exploitation material or explicit deepfakes, as well as the intentional deployment of AI systems to incite self-harm, criminal activity, or discrimination.
Enhanced Obligations for Healthcare Providers:
The healthcare sector faces particularly stringent obligations under both TRAIGA and SB 1188. Healthcare providers must clearly and conspicuously disclose to patients (or their personal representatives) when AI systems are used in delivering healthcare services or treatment. In clinical settings, this disclosure must occur before or at the time of interaction, or as soon as reasonably possible in emergency situations, ensuring patient awareness and informed consent for AI-assisted medical decisions.
SB 1188 adds critical layers of oversight. Licensed practitioners may utilize AI to support diagnosis and treatment planning, provided they act within the scope of their licensure and review all AI-generated medical records in accordance with standards set by the Texas Medical Board. This ensures human oversight remains paramount in medical decision-making. Additionally, the law restricts the use of biometric data by AI systems to uniquely identify individuals without consent and prohibits the physical offshoring of electronic medical records.
Enforcement and Future Outlook:
Enforcement authority for TRAIGA is exclusively vested in the Texas Attorney General’s office, with provisions for substantial civil penalties for violations. The law also includes safe harbor provisions and structured opportunities for entities to cure noncompliance, fostering a cooperative approach to regulatory adherence.
To further guide the state’s AI landscape, TRAIGA establishes the Texas Artificial Intelligence Council, a seven-member body appointed by state leadership. This council is tasked with overseeing AI governance and promoting Texas as a hub for AI development. The Act also introduces a 36-month regulatory sandbox program, allowing for controlled testing and innovation of AI technologies.
Also Read:
- AI’s Evolution: Shifting Focus from User Prompts to Comprehensive Governance Frameworks
- Virginia Governor Youngkin Advances AI Integration for Government Efficiency and Regulatory Streamlining
Texas’s new AI governance framework represents a significant evolution from earlier proposals, focusing on an intent-based liability framework to balance innovation with robust consumer protection. Businesses operating in Texas, particularly those in the healthcare sector, are advised to review their AI practices to ensure compliance before the respective effective dates.
