Texas TRAIGA Biometric and AI Training Amendments (HB 149, 89th Legislature)
Effective date
Penalty
$10,000 per curable violation not cured within 60 days; $200,000 per uncurable violation; $2,000 to $40,000 per day for continuing violations (TRAIGA enforce…
Obligations mapped
Tracked
Overview
Amends the Texas Capture or Use of Biometric Identifier Act (CUBI) and related Business and Commerce Code provisions for biometric data used with AI. Relaxes CUBI for AI training with a carveout for publicly available data and adds anti-scraping consent requirements for biometric identifiers. Enforced under the same HB 149 TRAIGA framework as the core act: intent-based liability, 60-day cure, preemption of local AI rules, and the statutory penalties and safe harbors that apply to TRAIGA generally.
This is an AI-specific state law.
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Who this applies to
This regulation applies to the following roles:
- Developers of covered AI systems
- Deployers and users of covered AI systems
- Organizations operating in Texas
This regulation applies to both companies that build AI products and companies that use AI tools from other vendors.
HB 1709
AI categories covered
- General purpose AI
- Employment and hiring
Specific AI use cases:
- Video interview analysis
- facial biometric
- voice biometric
- fingerprint biometric
What this requires you to do
Detailed obligation packs are not yet mapped for this entry in XIRA. Obligation areas from the catalog are listed below.
What this requires you to do
Consent required
Obtain consent. Get explicit permission from individuals before collecting or using their data with AI.
Data retention limits
Follow data retention limits. Do not retain personal data collected by AI longer than necessary.
Record-keeping required
Maintain records. Keep documentation of your AI systems, decisions made, and compliance activities.
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.
Enforcement and penalties
$10,000 per curable violation not cured within 60 days; $200,000 per uncurable violation; $2,000 to $40,000 per day for continuing violations (TRAIGA enforcement framework).
Penalty amounts are based on statutory text and may be subject to adjustment, judicial interpretation, or enforcement discretion.
Legislative history
effective
Takes effect
signed
Passed legislature
amended
Significant amendments remove impact assessments, risk management mandates, and disparate impact liability
amended
HB 1709 dies in committee. HB 149 (TRAIGA 2.0) introduced as dramatically scaled-back version.
introduced
HB 1709 (TRAIGA 1.0) introduced. Sweeping EU AI Act-style regulation.
Related regulations
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Texas TRAIGA (Responsible Artificial Intelligence Governance Act, HB 149)
Texas RAIGA (HB 149) prohibits AI systems from intentionally manipulating behavior to cause harm, infringing constitutional rights, or discriminating against protected classes. Where applicable, government agencies may need to disclose AI interactions. Updates biometric consent for AI training data. Creates a regulatory sandbox program. AG exclusive enforcement with 60-day cure period. Intent-based liability standard (no disparate impact).
Effective
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Effective
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Texas SB 1188 - Healthcare AI Practitioner Disclosure
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Effective
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Effective
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Texas Government AI Ethics and Oversight (SB 1964)
Requires Texas state agencies and local governments to inventory AI systems, adopt an AI code of ethics aligned with NIST AI RMF, conduct impact assessments for AI that autonomously influences consequential decisions, and disclose AI use to affected individuals. Applies to government entities only, not the private sector.
Effective
Texas AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.