In a recent LawFlash, a team of Morgan Lewis lawyers wrote on the enactment of the Texas Responsible Artificial Intelligence Governance Act (TRAIGA), which will enter into force on January 1, 2026. This legislation marks a significant step in regulating artificial intelligence (AI) technologies within the state of Texas. TRAIGA is broad in scope: applicable to any individual or entity, including government agencies, developing AI systems in Texas, offering a product or service used by Texas residents, or promoting, advertising, or conducting business in the state.
TRAIGA prohibits the development and use of AI for a variety of purposes, including inciting or encouraging harmful or criminal behavior, infringement of constitutional rights, unlawful discrimination against a protected class, and distributing sexually explicit content or unlawful deep fake videos or images.
Further, the act requires disclosure of AI usage where AI is used to interact with “consumers”; for example, consumers must be notified in a clear, conspicuous, and easily understood manner that they are interacting with an AI system before or during the interaction.
TRAIGA introduces a regulatory sandbox designed to encourage innovation while ensuring compliance. This sandbox allows entities to test AI technologies under regulatory supervision, providing a controlled environment to assess potential risks and benefits for up to 36 months. The Texas attorney general is empowered to enforce TRAIGA by levying civil penalties where applicable.
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