What is the Texas Responsible AI Governance Act (TRAIGA)?

A Guide to Prepare for Compliance

Risk-based approach borrowed from Colorado AI Act

Deployers bear more compliance responsibility

Requirements for detailed records of training data

HB 1709 TRAIGA. The Texas flag waves in the background against a blue sky.

FAQs About HB 1709: Texas Responsible AI Governance Act

Steps to Achieve Compliance

California AB 331

High-Level Overview

What are the core concepts of TRAIGA?

  • Bans on certain “unacceptable risk” use cases, such as manipulating decisions
  • “High risk” systems defined as “contributing” to consequential decisions, a lower risk threshold that some other laws have used so far.
  • Requirements for records of training data align with NIST’s recommendations
  • Reporting requirements only for deployers, also defines “developers” and “distributors” in the AI supply chain
  • Creates a “regulatory sandbox program” overseen by the state to allow testing of some systems before full compliance is required.

HB 1709: TRAIGA Scope

Who does TRAIGA apply to?

TRAIGA creates three categories of organizations with legal responsibilities: developers, distributors, and deployers, which together cover the entire AI supply chain.

Non-Compliance Penalties

What are the proposed non-compliance penalties under TRAIGA?

In all cases, violators will have 30 days to cure issues raised by the attorney general of Texas and provide documentation of that cure to the state. Failure to amend violations of the TRAIGA’s provisions prohibiting certain use cases could result in fines of up to $200,000. All other violations could result in fines of up to $100,000 plus up to $40,000 per day.

Status

Where in the legislative process is TRAIGA?

HB 1709 has been introduced in the Texas State House as of January 2025 by Rep. Giovanni Capriglione, who chairs the House Select Committee on Artificial Intelligence & Emerging Technologies.

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