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Texas TRAIGA Biometric and AI Training Amendments (HB 149, 89th Legislature)

Effective date

Penalty

$10,000 per curable violation not cured within 60 days; $200,000 per uncurable violation; $2,000 to $40,000 per day for continuing violations (TRAIGA enforce…

Obligations mapped

Tracked

Overview

Amends the Texas Capture or Use of Biometric Identifier Act (CUBI) and related Business and Commerce Code provisions for biometric data used with AI. Relaxes CUBI for AI training with a carveout for publicly available data and adds anti-scraping consent requirements for biometric identifiers. Enforced under the same HB 149 TRAIGA framework as the core act: intent-based liability, 60-day cure, preemption of local AI rules, and the statutory penalties and safe harbors that apply to TRAIGA generally.

This is an AI-specific state law.

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Who this applies to

This regulation applies to the following roles:

  • Developers of covered AI systems
  • Deployers and users of covered AI systems
  • Organizations operating in Texas

This regulation applies to both companies that build AI products and companies that use AI tools from other vendors.

HB 1709

AI categories covered

  • General purpose AI
  • Employment and hiring

Specific AI use cases:

  • Video interview analysis
  • facial biometric
  • voice biometric
  • fingerprint biometric

What this requires you to do

Detailed obligation packs are not yet mapped for this entry in XIRA. Obligation areas from the catalog are listed below.

What this requires you to do

Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.

Enforcement and penalties

$10,000 per curable violation not cured within 60 days; $200,000 per uncurable violation; $2,000 to $40,000 per day for continuing violations (TRAIGA enforcement framework).

Penalty amounts are based on statutory text and may be subject to adjustment, judicial interpretation, or enforcement discretion.

Source verification

Verified against enrolled statute text

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Legislative history

effective

Takes effect

signed

Signed by Governor Abbott

View source

signed

Passed legislature

amended

Significant amendments remove impact assessments, risk management mandates, and disparate impact liability

amended

HB 1709 dies in committee. HB 149 (TRAIGA 2.0) introduced as dramatically scaled-back version.

introduced

HB 1709 (TRAIGA 1.0) introduced. Sweeping EU AI Act-style regulation.

Related regulations

Texas AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.

Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.