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Texas Legislature Analysis - HB 149

government

This is a 2025 Texas state legislative bill representing a significant U.S. state-level effort to regulate AI systems; relevant for tracking subnational AI governance trends and comparing with other state and federal AI policy approaches.

Metadata

Importance: 52/100legislationprimary source

Summary

Texas House Bill 149 establishes the Texas Responsible Artificial Intelligence Governance Act, creating consumer protections, enforcement mechanisms, and a regulatory sandbox for AI systems in Texas. The bill creates an Artificial Intelligence Council to oversee compliance and innovation, and amends biometric identifier laws to clarify consent requirements for AI training and deployment. It represents one of the more comprehensive state-level AI governance frameworks in the United States.

Key Points

  • Establishes consumer protections against AI systems that may compromise data privacy, perpetuate bias, or make erroneous decisions affecting consumers.
  • Creates a regulatory sandbox program allowing companies to test innovative AI systems in a controlled environment with oversight.
  • Forms a new Artificial Intelligence Council to support innovation and oversee compliance with AI regulations in Texas.
  • Amends biometric identifier laws to restrict consent based on publicly available images and clarifies AI training exemptions with limits.
  • Grants rulemaking authority to the Texas Department of Information Resources for AI governance implementation.

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 BILL ANALYSIS 



 



 



 
 
 
 Senate
 Research Center


 
 
 C.S.H.B. 149


 
 
 
 
 89R31345
 BCH-F


 
 
 By: Capriglione et al. (Schwertner)


 
 
 
 
 


 
 
 Business & Commerce


 
 
 
 
 


 
 
 5/20/2025


 
 
 
 
 


 
 
 Committee Report (Substituted)


 
 
 

 



 



 



 AUTHOR'S / SPONSOR'S STATEMENT OF INTENT 



 



 According
to the House Select Committee on Artificial Intelligence & Emerging
Technologies, the state has an opportunity to set standards that ensure the
responsible use of artificial intelligence (AI) as it is rapidly evolving and
becoming more integrated into society and, while AI offers tremendous
opportunities for growth and advancement, it also presents significant risks.
Individuals who provided testimony to the select committee and to the House
Committee on Delivery of Government Efficiency brought to the committees'
attention issues with unchecked AI systems, which may inadvertently compromise
data privacy, perpetuate bias, or make erroneous decisions that adversely
affect consumers.



 



 H.B. 149
seeks to protect public safety, individual rights, and privacy while
encouraging the safe advancement of AI technology in Texas by establishing the
Texas Responsible Artificial Intelligence Governance Act, which sets out
provisions providing for certain consumer protections and enforcement
mechanisms, a regulatory sandbox program for testing innovative AI systems, and
the creation of the Artificial Intelligence Council to support innovation and
oversee compliance.



 



 (Original
Author's/Sponsor's Statement of Intent)



 



 C.S.H.B. 149 amends current law relating to regulation of the use
of artificial intelligence systems in this state and provides civil penalties.



 



 RULEMAKING AUTHORITY 



 



 Rulemaking authority is expressly granted
to the Texas Department of Information Resources in SECTION 4 (Section 553.052,
Business & Commerce Code) of this bill.



 



 SECTION BY SECTION ANALYSIS 



 



 SECTION 1. Authorizes this Act to be cited
as the Texas Responsible Artificial Intelligence Governance Act.



 



 SECTION 2. Amends Section 503.001, Business
& Commerce Code, by amending Subsections (a) and (e) and adding Subsections
(b-1) and (f), as follows:



 



 (a) Defines "artificial intelligence system" and makes a
nonsubstantive change.



 



 (b-1) Provides that, for purposes of Subsection (b) (relating to
prohibiting a person from capturing a biometric identifier of an individual for
a commercial purpose unless certain criteria are met), an individual has not
been informed of and has not provided consent for the capture or storage of a
biometric identifier of an individual for a commercial purpose based solely on
the existence o

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