Texas TRAIGA
(HB 149)
The Texas Responsible AI Governance Act is law. Penalties reach $200,000 per uncurable violation plus $40,000/day for continuing violations. Five affirmative defense grounds reference NIST AI RMF — but you need evidence, not just policies.
What the law says
Prohibited AI practices
- • Behavioral manipulation — AI that incites self-harm, harm to others, or criminal activity (applies to all entities)
- • Social scoring — government AI that classifies persons based on social behavior (government entities only)
- • Discrimination — AI used to intentionally discriminate against protected classes
- • Unauthorized biometrics — government capture without consent
- • Constitutional infringement — AI designed to infringe constitutional rights
- • CSAM — AI-generated sexually explicit content involving minors
Disclosure requirements
- • Government agencies: Must disclose AI use before or at time of consumer interaction — clear, conspicuous, plain language, no dark patterns
- • Healthcare providers: Must disclose AI use no later than when service is first provided; in emergencies, as soon as reasonably possible
- • Private companies: No general disclosure obligation (unlike Colorado/EU)
Companion bill SB 1188 adds human oversight requirements for AI in medical decisions.
Penalties (Section 552.105)
AG enforcement with injunctive relief + attorney's fees. Licensed professionals face additional sanctions up to $100K (Section 552.106). 60-day notice and cure period before AG action (Section 552.104).
Five affirmative defense grounds (Section 552.105(e))
TRAIGA establishes five grounds for affirmative defense, including NIST AI RMF compliance which creates a rebuttable presumption of reasonable care (Section 552.105(c)):
1. Third-party misuse — not liable if another person uses the AI system in a prohibited manner
2. Discovery through feedback — violation discovered via feedback from developers, deployers, or other persons
3. Discovery through testing — including adversarial and red-team testing
4. Agency guidelines — following guidelines set by applicable state agencies
5. Framework compliance — substantial compliance with NIST AI RMF (AI 600-1) or another nationally/internationally recognized framework
How GLACIS activates your defense
GLACIS provides the NIST AI RMF evidence trail needed to substantiate your affirmative defense under TRAIGA. Framework compliance (defense ground #5) requires evidence of NIST AI RMF adherence — not just documentation — proof.
1. Assess your gaps
Free compliance wizard maps your AI systems against TRAIGA requirements and NIST AI RMF controls.
2. Continuous attestation
Every AI decision generates a cryptographic receipt — witnessed by an independent network. Tamper-proof. Zero data egress.
3. Activate your defense
Your evidence trail is audit-ready on day one. When the AG comes knocking, you have the proof to substantiate all five affirmative defense grounds under Section 552.105(e).
5 minutes. Personalized report. Share with your GC.