Direct answer: the Texas Responsible Artificial Intelligence Governance Act (TRAIGA, HB 149) was signed on 22 June 2025 and took effect on 1 January 2026. It applies to entities that promote/advertise or conduct business in Texas, produce products or services used by Texas residents, or develop/deploy AI in Texas. It is not an AI licensing regime: it combines intent-based prohibitions + Attorney General (AG) enforcement + a 60-day cure. Prohibited conduct includes intentionally using AI to incite self-harm, harm or crime; governmental social scoring; governmental biometric identification without consent; sole-intent infringement of constitutional rights; intentional unlawful discrimination; and illegal sexual content/deepfakes. Disclosure duties fall mainly on governmental agencies interacting with consumers and health care providers, not all businesses. Penalties: $10,000–$12,000 per curable violation; $80,000–$200,000 per uncurable violation; $2,000–$40,000 per day for continuing violations; state agencies may add up to $100,000 against licensees. The AG has exclusive enforcement, there is no private right of action, and a business that cures within 60 days with a written statement, evidence and policy changes can avoid suit.

This guide is for legal, compliance, security and product teams at companies selling or serving in the US, especially those using AI for customer service, content generation, hiring, credit, healthcare or biometrics. It breaks down TRAIGA's scope, six prohibited-conduct sections, disclosure duties, enforcement and penalties, defenses, and compares it with the EU AI Act and California SB 53, followed by a 90-day checklist. Facts come from the Texas Legislature's enrolled HB 149 text and bill history, the California Governor's press release and the European Commission's AI Act page (all accessed 9 November 2026). This is not legal advice.

Three rules to remember

(1) TRAIGA targets intentional/sole-intent harmful uses, not all AI through licensing or high-risk approval. (2) Most enterprises should start with an AI use-case inventory, intent evidence and vendor terms—not one blanket disclosure on every chatbot. (3) The 60-day cure is a real buffer, but only if you can locate, fix and document the issue.

Scope: who TRAIGA covers

TRAIGA applies to three categories: persons who promote, advertise or conduct business in Texas; persons who produce a product or service used by Texas residents; and persons who develop or deploy AI in Texas. Roles are split between a developer (develops AI offered, sold, leased, given or otherwise provided in Texas) and a deployer (deploys AI for use in Texas); a governmental entity means state or local administrative units, excluding hospital districts and higher-education institutions. TRAIGA preempts local AI ordinances, but cannot be construed to weaken free-speech or other rights, and does not authorize non-insurance agencies to regulate insurance.

DimensionTRAIGA ruleWhat to check
Covered personsBusiness/advertising in Texas; products/services used by Texas residents; developing/deploying AI in TexasTexas customers, employees, servers, training or inference
RolesDeveloper: develops and provides AI in Texas; Deployer: deploys AI in TexasIn-house, purchased, API, white-label roles
Governmental entityState/local administrative units; excludes hospital districts and higher educationPublic-sector customers may have separate disclosure/scoring rules
State preemptionPreempts local AI ordinancesDo not treat local rules as the only standard
BoundariesCannot weaken free speech etc.; insurance regulation reservedFinancial/insurance/health have other federal/state rules

Sources: Texas HB 149 (89R) enrolled text, Sec. 551.001–551.003 and 552.001–552.003; bill history shows signed 22 June 2025, effective 1 January 2026. Editorial summary; not legal advice.

Six prohibitions: most require intent/sole intent

The prohibitions sit in Sec. 552.052–552.057: intentionally using AI to incite self-harm, harm to others or crime; governmental social scoring; governmental biometric/public-image identification without consent; sole-intent infringement of US constitutional rights; intentional unlawful discrimination against a protected class; and illegal sexual content/deepfakes or child-impersonating sexual chat. Intent is the hinge: Sec. 552.056 states that disparate impact alone is not enough to show discriminatory intent, and insurance entities and federally insured financial institutions have compliance carve-outs.

SectionProhibited conductIntent/actorNote
552.052Manipulating AI to incite self-harm, harm or crimeIntentionally aims to incite/encourage; any personHarmful output alone is not enough; must target incitement
552.053Social scoring causing detrimental/disproportionate/rights-infringing treatmentGovernmental entityCommercial credit scoring is not this section
552.054Biometric/public-image unique identification without consentGovernmental entity; CUBI violations also countPrivate entities still face Texas 503.001
552.055Sole intent to infringe US constitutional rightsAny person; sole intentDoes not expand constitutional rights
552.056Intentional unlawful discrimination against a protected classAny person; intentDisparate impact insufficient; insurance/bank carve-outs
552.057Illegal sexual content/deepfakes; child-impersonating sexual chatSole intent or intentional; any personLinks to criminal provisions

Source: Texas HB 149 Sec. 552.052–552.057. “Any person/governmental entity” is an editorial summary of the provision's actor scope; application depends on definitions and facts.

Disclosure: government agencies and health care, not all businesses

Sec. 552.051 is easy to misread. It requires a governmental agency whose AI interacts with consumers to disclose, before or at the time of interaction, that the consumer is interacting with AI—even if it would be obvious; the disclosure must be clear and conspicuous, in plain language, without dark patterns, and may use a hyperlink. Health care providers must disclose to the patient or representative by the first service/treatment, and in emergencies as soon as reasonably possible. TRAIGA itself does not impose a general “AI chatbot disclosure” duty on all private businesses, though other state/federal laws and platform policies may.

ActorTriggerTiming/form
Governmental agencyAI system interacts with consumersBefore/at interaction; clear, conspicuous, plain language, no dark patterns; hyperlink allowed
Health care providerAI used for health care service/treatmentAt first service/treatment; emergencies as soon as reasonably possible
General private businessNo general TRAIGA disclosure dutyStill check other laws, sector rules and contracts

Source: Texas HB 149 Sec. 552.051. The “general private business” row is editorial interpretation, not statutory text; consult counsel.

Enforcement, penalties and the 60-day cure

The AG has exclusive enforcement (except state-agency discipline of licensees); consumers can complain via the AG's website. The AG may issue a civil investigative demand for the system's purpose, training data, inputs/outputs, evaluation metrics, known limitations and post-deployment monitoring. The AG must give written notice and may not sue before day 60; if the business cures within 60 days, submits a written statement, supporting evidence and policy changes, no action follows. Penalties are per violation: $10,000–$12,000 for curable violations or breach of a submitted statement; $80,000–$200,000 for uncurable violations; $2,000–$40,000 per day for continuing violations; the AG can also seek injunctions, attorney's fees and investigative costs. State agencies may suspend/revoke licenses or impose up to $100,000.

StageRuleBusiness action
EnforcerAG exclusive; no private right; state agencies may discipline licenseesName one regulatory owner and complaint-response process
InvestigationCID may require purpose, data, inputs/outputs, metrics, limits, monitoringKeep AI inventory, model cards, evaluations, monitoring logs
60-day cureNo suit before day 60; cure + statement + evidence + policy changesBuild locate–fix–document–reply workflow
Penalties$10k–$12k curable/statement breach; $80k–$200k uncurable; $2k–$40k/day continuingEstimate per-violation exposure; prioritize uncurable scenarios
State agenciesLicense suspension/probation/revocation + up to $100kRegulated sectors should check sector law too
DefensesAnother person's misuse; discovery via feedback/testing/guidance/framework internal review; not deployed; reasonable-care presumptionMake testing, feedback and internal review provable

Source: Texas HB 149 Sec. 552.101–552.106. Penalty ranges are per violation/day and subject to court/agency discretion; editorial summary.

How it differs from the EU AI Act and California SB 53

The three regimes use different levers. TRAIGA is intent-based prohibitions + AG enforcement + 60-day cure: broad reach, narrow provisions. The EU AI Act is risk-based (unacceptable/high/limited/minimal), with prohibited practices, GPAI rules, high-risk conformity and transparency duties; prohibitions applied from February 2025, GPAI from August 2025, main application/enforcement from August 2026. California SB 53 (TFAIA) focuses on frontier developers: large frontier developers must publish a framework, report critical safety incidents, protect whistleblowers, with AG civil enforcement. For many Chinese companies, TRAIGA's “doing business in Texas/serving Texas residents” trigger may be more direct than the EU AI Act, but the obligations are narrower and turn more on intent evidence.

DimensionTexas TRAIGAEU AI ActCalifornia SB 53
ApproachIntent-based prohibitions + AG enforcementRisk tiers + high-risk/GPAI dutiesFrontier-developer transparency + incident reporting
Main subjectsBusiness in Texas/serving residents/developing or deploying AIProviders/deployers in the EU market, with extraterritorial effectLarge frontier developers
DisclosureGovernment agencies, health careChatbots, AI content, high-riskPublic frontier framework
EnforcementAG; no private right; 60-day cureAI Office/member authorities; fines/corrective ordersAG civil penalties
TimingEffective 1 January 2026Prohibitions Feb 2025; GPAI Aug 2025; main application Aug 2026Signed 29 September 2025

Sources: Texas HB 149; European Commission AI Act page (9 November 2026); California Governor press release (29 September 2025). EU/California rows are editorial summaries; specific duties follow statutes and official guidance; SB 53 phase-in dates are not elaborated in the press release.

Compliance cost drivers: where the budget goes

TRAIGA does not charge per AI system, but compliance is real and resembles “evidence engineering,” not a licence application. Main drivers: (1) legal/external counsel for use-case mapping and interpretation; (2) an AI inventory and data flow (models, vendors, inputs/outputs, deployment locations); (3) vendor contracts and responsibility allocation (who is developer/deployer, indemnity, audit rights); (4) disclosure UI/copy for government/health-care customers; (5) testing/red-teaming and alignment with the NIST AI RMF Generative AI Profile; (6) training, recordkeeping, complaint/CID response and a 60-day cure drill; (7) monitoring and annual review. There is no public uniform “TRAIGA certification fee”; do not budget around a certification program.

90-day checklist

Work the loop “inventory → classify → contracts → test → drill → review.” Weeks 1-2: inventory AI systems, vendors and Texas touchpoints; weeks 2-4: classify against Sec. 552.052–057 and flag government/health-care disclosures; weeks 4-6: update vendor terms, DPAs, liability and audit rights; weeks 6-8: testing/red-teaming, NIST framework gap assessment and evidence archiving; weeks 8-10: training, complaint/CID/60-day cure playbook; weeks 10-12: internal audit, management sign-off and monitoring. The goal is not to buy an “AI compliance tool,” but to prove you knew the risks, took reasonable steps and fix issues when found.

PhaseActionOutput
Weeks 1-2Inventory AI systems/vendors/Texas touchpointsAI inventory, data flow, role map
Weeks 2-4Classify against six prohibitions; flag disclosuresRisk tiers, disclosure list
Weeks 4-6Vendor contracts, DPAs, indemnity/audit rightsContract remediation list
Weeks 6-8Testing/red team, NIST gap, evidence archiveTest report, gap list
Weeks 8-10Training, complaint/CID/60-day cure drillResponse playbook, drill record
Weeks 10-12Internal audit, management sign-off, metricsCompliance memo, monitoring dashboard

Editorial readiness advice, not legal advice or an official template; scope/evidence follow counsel and AG practice.

FAQ

When did TRAIGA take effect?

Signed by the Texas Governor on 22 June 2025 and effective 1 January 2026 (HB 149 Sec. 10; the bill history shows “Effective on 1/1/26”).

Which companies are covered?

Those promoting/advertising or conducting business in Texas, producing products/services used by Texas residents, or developing/deploying AI in Texas. Serving Texas residents with an AI product can fall in scope even if the company is not based in Texas.

Must every AI chatbot disclose?

No. The general disclosure provision targets governmental agencies interacting with consumers and health care providers; private businesses do not have the same general duty under TRAIGA, though other laws, sector rules and contracts may require disclosure.

What are the penalties?

$10,000–$12,000 per curable violation or breach of a submitted statement; $80,000–$200,000 per uncurable violation; $2,000–$40,000 per day for continuing violations; state agencies may add up to $100,000 against licensees. Courts/agencies have discretion.

Is there a private right of action?

No. TRAIGA expressly provides no private right of action; the AG has exclusive enforcement, except state-agency discipline of licensees. Other laws (consumer protection, civil rights, privacy) may still create claims.

How does the 60-day cure work?

The AG gives written notice identifying the provisions; no suit before day 60. If the business cures, submits a written statement, supporting evidence and policy changes, no action follows. Speed of locating, fixing and documenting is the point.

Does using the NIST AI RMF create immunity?

No blanket immunity. The statute provides a defense where the defendant discovers the violation through feedback, testing, guidance, or an internal review process conducted in substantial compliance with the NIST Generative AI Profile or another recognized framework. Facts and evidence still matter.

How is it different from the EU AI Act?

TRAIGA is narrow intent-based prohibitions + AG enforcement + cure; the EU AI Act is risk-based with high-risk/GPAI documentation, conformity, transparency and market surveillance. The EU regime is broader and more prescriptive.

Research method and limitations

This article relies primarily on the Texas Legislature's enrolled HB 149 (89R), checking scope, prohibitions, disclosure, enforcement, penalties and defenses section by section; the effective date follows the bill history (“Effective on 1/1/26”) and Sec. 10. California SB 53 information comes from the California Governor's 29 September 2025 press release and was not checked against the bill text. EU AI Act timing and risk tiers come from the European Commission's official page (9 November 2026). This is not legal advice, and it does not assess specific enforcement cases, court interpretations or AG priorities; overlapping state/federal/sector laws require counsel and facts.

Sources and basis

Data cut-off 9 November 2026; legal application follows statutes, court interpretations and counsel; this is not legal, compliance or commercial advice.

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