by Robert S. Teachout, SHRM-SCP, Brightmine Legal Editor
Texas has become the third state in the US to enact a law governing the use of artificial intelligence (AI). The Texas Responsible AI Governance Act (TRAIGA) sets broad overarching standards and protections regarding AI use, with some that would be applicable to employers. It goes into effect January 1, 2026.
The Act follows the risk-based model for the development and use of AI systems for “high-risk” decisions relating to employment, finance, education, health-care services, housing and insurance. The law also:
- Prohibits developing or deploying an AI system with the intent to unlawfully discriminate against protected classes under state law. However, “disparate impact” caused by use of a system alone is insufficient to prove a violation.
- Bans AI human behavior manipulation tools designed to incite self-harm, violence, or criminal behavior.
- Prohibits using AI to classify people based on behavior or characteristics and assigning them a social score or estimation.
- Prohibits AI systems from censoring or limiting access to political content or infringing on freedom of expression or association.
The law includes safeguards against the capture or use of biometric data without consent and specifies that consent is not granted merely because a person makes or post images or videos that are made available to the public (such as on social media platforms). However, a business may use biometric data only to train an AI system provided it does not identify individuals.
Companies that meet the Small Business Administration definition of “small business” would have no obligations under TRAIGA. The state attorney general has sole authority to enforce the law or pursue civil penalties and sanctions.
Colorado was the first state to enact a law regulating the use of AI, with Illinois following shortly after. New York City also restricts the use of AI tools to screen candidates or employees for making employment decisions, and other states have laws regarding the use of biometrics in employment.
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About the author
Robert S. Teachout, SHRM-SCP
Legal Editor, Brightmine
Robert Teachout has more than 30 years’ experience in legal publishing covering employment laws on the state and federal level. At Brightmine, he covers labor relations, performance appraisals and promotions, succession and workforce planning, HR professional development and employment contracts. He often writes on the intersection of compliance with HR strategy and practice.
Before joining Brightmine, Robert was a senior HR editor at Thompson Information Services, covering FMLA, ADA, EEO issues and federal and state leave laws. Prior to that he was the primary editor of Bloomberg BNA’s State Labor Laws binders and was the principal writer and editor of the State Wage Assignment and Garnishment Handbook. Robert also served as a union unit leader and shop steward in the Washington-Baltimore Newspaper Guild of the Communications Workers of America. Actively involved in the HR profession, Robert is a member of SHRM at both the national and local levels, and gives back to the profession by serving as the communications vice president on the board of his local chapter.
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