Texas Responsible AI Governance Act (TRAIGA)

The Texas Responsible AI Governance Act, known as TRAIGA, is Texas House Bill 149 — legislation regulating the use of artificial intelligence systems in the state, including in employment contexts, with civil penalties for violations. It was signed into law June 22, 2025, and took effect January 1, 2026.

What Does TRAIGA Actually Regulate?

TRAIGA takes a narrower approach than some other state AI laws: rather than broadly regulating any AI with a discriminatory effect, it focuses on specific prohibited uses, such as AI intended to incite self-harm or unlawfully discriminate against a protected class, alongside government use of AI in ways that could infringe constitutional rights. Employment-related AI is covered to the extent it falls within these prohibited-use categories.

How Does TRAIGA Differ From Colorado's or Illinois's Approach?

Where the Colorado AI Act requires proactive impact assessments for high-risk systems and Illinois HB 3773 creates liability for discriminatory outcomes generally, TRAIGA is more intent-focused — it targets AI systems designed or deployed with a discriminatory purpose rather than mandating audits or assessments for all consequential-decision AI. This makes documentation of intended use, not just outcome testing, more central to Texas compliance.

Who Enforces TRAIGA?

The Texas Attorney General holds enforcement authority, with civil penalties attached to violations. As with Colorado's law, there is no broad private right of action built into the statute, concentrating enforcement risk at the regulatory level rather than through individual lawsuits.

Does TRAIGA Require Bias Audits?

No. Unlike NYC Local Law 144, TRAIGA doesn't mandate an independent bias audit before deploying an AEDT-style tool. Employers should still test for disparate outcomes as a matter of federal Title VII risk management, even though Texas state law doesn't require it directly.

What Should Employers Do to Prepare?

Employers using AI in hiring or performance decisions for Texas-based roles should document the intended purpose of each tool, confirm it isn't designed or configured in a way that could be read as targeting a protected class, and keep that documentation current as tools are updated or reconfigured by vendors.

How Does TRAIGA Interact With Federal Anti-Discrimination Law?

TRAIGA operates alongside, not instead of, EEOC enforcement of Title VII. An AI tool that satisfies TRAIGA's narrower intent-based standard can still expose an employer to a federal disparate impact claim if it produces skewed outcomes in practice, regardless of intent.

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Frequently Asked Questions

Q: What bill number is TRAIGA?
A: Texas House Bill 149 (HB 149), signed June 22, 2025.

Q: When did TRAIGA take effect?
A: January 1, 2026.

Q: Does TRAIGA require an independent bias audit for hiring AI?
A: No, it doesn't mandate a bias audit; it targets AI systems designed or deployed with a discriminatory purpose.

Q: Who enforces TRAIGA?
A: The Texas Attorney General, through civil penalties; there's no broad private right of action.

Q: Is TRAIGA broader or narrower than Colorado's AI Act?
A: Narrower in employment contexts, focusing on specific prohibited uses rather than mandating impact assessments for all high-risk AI.

Q: Can an employer still face federal liability if it complies with TRAIGA?
A: Yes, TRAIGA compliance doesn't shield an employer from federal Title VII disparate impact claims.