Texas

AI Policy Overview

Texas lawmakers have signaled a willingness to take a leading role in establishing artificial intelligence policies. In 2019, Texas was one of the first states to address deepfakes in electoral campaigns. Texas continued to be a leader in regulating deepfakes in 2023 when lawmakers passed two laws addressing sexual deepfakes. Texas was also a leader when it came to establishing laws surrounding the collection of biometric information from consumers.

Texas lawmakers have also signaled an interest in continuing to establish AI policies and in 2023 lawmakers passed legislation (TX HB 2060) establishing an Artificial Intelligence Advisory Council to assess the need for a state code of ethics for AI in state government, and a review of automated decision systems inventory reports. Additionally, Representative Giovanni Capriglione (R) hosted a series of panel discussions on AI at the Capitol on Oct. 31, 2023.

In April 2024, House Speaker Dade Phelan (R) announced the creation of the House Select Committee on Artificial Intelligence & Emerging Technologies. The committee submitted an initial report in May 2024, with a scope of studying the uses of AI in the public and private sectors, the impact on certain industry sectors, considering policies for responsible deployment of AI, and formulating legislative recommendations.

In 2025, Texas was a leader in enacting AI legislation and enacted a bill regulating government uses of AI as well as several bills addressing deepfakes and AI’s use in health care.

Comprehensive AI Regulation 

In 2025, Texas enacted a comprehensive AI regulation law (TX HB 149) known as the Texas Responsible Artificial Intelligence Governance Act (TRAIGA). This new law establishes several provisions regarding how state agencies can use AI, including (1) requiring disclosures when agencies use AI that interacts with consumers; (2) prohibiting using AI systems that engage in social scoring; and (3) prohibiting using AI for the purpose of using biometrics to identify an individual. 

In addition to government uses of AI, this new law also contains provisions that prohibit developing or deploying AI systems that : (1) whose sole purpose is to produce nonconsensual sexual deepfakes; (2) in text-based messaging that describe or simulate sexual conduct; or (3) unlawfully discriminate against a protected class.

This law also establishes an AI Regulatory Sandbox program that provides individuals with legal protections and limited access to the market to test AI without obtaining a license, registration, or other regulatory authorization. The Regulatory Sandbox has several goals, including:

  • Promoting the safe and innovative use of AI in Texas; 

  • Encourage the responsible deployment of AI in Texas;

  • Provide clear guidelines and allow individuals to test AI systems while certain laws and regulations are waived; and

  • Allow individuals to engage in research, training, testing, or other pre-deployment activities to develop an AI system.

Lastly, this new law establishes the Texas Artificial Intelligence Council which will:

  • Ensure that AI systems in Texas are ethical and designed in the public interest; 

  • Ensure AI systems to not negatively impact public safety; 

  • Identify existing laws and regulations that are barriers to AI development; 

  • Identify opportunities to improve state government effectiveness through AI and make recommendations to agencies on how to effectively use AI; 

  • Evaluate potential instances of regulatory capture; 

  • Evaluate the impact of technology companies on other companies and determine if any tools are used to censor competitors or users through the use of AI systems; and

  • Offer guidance and recommendations to the legislature on the use of AI systems.

Healthcare

In 2025, Texas enacted two laws addressing AI’s use in healthcare. The first law (TX SB 1188/HB 4503) requires healthcare practitioners who utilize AI to review all AI-obtained information for accuracy. The second law (TX SB 815/HB 2922) prohibits utilization review agents from using AI and other automated decision-making systems for adverse determinations.

Deepfakes

Political Deepfakes

Texas was one of the first states to address deepfake use in electoral campaigns. In 2019, Texas enacted a law (TX SB 751) that makes it a crime to fabricate a deceptive video with the intent to injure a candidate or influence the outcome of an election and publish the deepfake video within 30 days of an election. The law defines "deepfake video" as "a video, created with the intent to deceive, that appears to depict a real person performing an action that did not occur in reality."

Sexual Deepfakes

In 2023, Texas enacted two laws  addressing sexual deepfakes. The first law (TX SB 1361) made it a crime to produce or distribute a deepfake video or image that depicts a person engaged in sexual conduct or shows their intimate parts. The second law (TX HB 2700) made it a crime to possess or view a deepfake video or image depicting a child younger than 18 engaged in sexual conduct.

In 2025, Texas enacted five additional bills addressing sexual deepfakes:

  • TX SB 441, which makes it unlawful to create or distribute nonconsensual sexual deepfakes. 

  • TX SB 1621/HB 4911, which makes it unlawful to intentionally or knowingly possess or access a visual depiction of a computer-generated child engaged in sexual conduct.

  • TX SB 20, which  which establishes a criminal offense for possessing deepfakes of child sexual abuse material, regardless of whether the child depicted is an actual child, a cartoon or animation, or an image created using an artificial intelligence application or other computer software.

  • TX HB 3133, which establishes notice and takedown requirements for sexual deepfakes on social media platforms. 

  • TX HB 581, which requires applications with the ability to make sexual deepfakes to verify the ages of users.

Facial Recognition

In 2009, Texas was one of the first states to pass a law (TX HB 2278) to prohibit collecting and using the biometric information of consumers for commercial purposes without first providing notice and obtaining consent. The Texas law prohibits selling, leasing, or otherwise disclosing consumers' biometric information unless an individual has consented to disclose that information for identification purposes in the event of their disappearance or death, disclosure is necessary to complete a financial transaction requested by the individual, or the disclosure is made to a law enforcement agency in response to a warrant. The Texas law applies to retina and iris scans, fingerprints, voiceprints, or a record of an individual's hand or face geometry.

Government Use of AI 

In 2025, the Texas Legislature enacted three laws that address government uses of AI, in addition to the provisions for government use of AI established in TRAIGA summarized above. These laws establish training programs for certain state employees who use AI (TX HB 3512), establish an AI Division within the Department of Information Resources ( TX HB 2818/SB 1700), and require an inventory of AI systems currently used by state agencies (TX SB 1964).

Legislative & Regulatory History

  • 2025 - Texas enacted TX SB 2373, which creates civil liability for knowingly disseminating artificially generated media or a phishing communication for the purpose of financial exploitation.

  • 2025 - Texas enacted TX SB 1964, which requires an inventory of AI systems used by state agencies. 

  • 2025 - Texas enacted TX SB 441, which makes it unlawful to create or distribute nonconsensual sexual deepfakes. 

  • 2025 - Texas enacted TX HB 2818/SB 1700, which establishes an AI division to assist state agencies in implementation of generative artificial intelligence technology.

  • 2025 - Texas enacted TX HB 149, which regulates the use of AI in Texas in government . 

  • 2025 - Texas enacted TX SB 1621/HB 4911, which makes it unlawful to intentionally or knowingly possess or access a visual depiction of a computer-generated child engaged in sexual conduct.

  • 2025 - Texas enacted TX SB 815/HB 2922, which prohibits utilization review agents from using AI to make adverse decisions. 

  • 2025 - Texas enacted TX SB 1188/HB 4503, which requires healthcare practitioners utilizing AI to review all information for accuracy. 

  • 2025 - Texas enacted TX SB 20, which establishes a criminal offense for possessing deepfakes of child sexual abuse material.

  • 2025 - Texas enacted TX HB 3133, which establishes notice and takedown requirements for sexual deepfakes on social media platforms. 

  • 2025 - Texas enacted TX HB 581, which requires applications with the ability to make sexual deepfakes to verify the ages of users. 

  • 2025 - Texas enacted TX HB 3512, which requires AI training programs for certain state employees.

  • 2023 - Texas enacted TX SB 1361, which makes it a crime to produce or distribute a deepfake video or image that depicts a person engaged in sexual conduct or shows their intimate parts. 

  • 2023 - Texas enacted TX HB 2700, which makes it a crime to view or possess a deepfake depicting an individual under 18 engaged in sexual conduct. 

  • 2019 - Texas enacted TX SB 751, which makes it a crime to fabricate a deceptive video with the intent to injure a candidate or influence the outcome of an election and publish the deepfake video within 30 days of an election.

  • 2009 - Texas enacted TX HB 2278, which prohibits collecting consumers' biometric information without providing notice and obtaining consent.

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