Texas House discusses putting guardrails on Artificial Intelligence
AUSTIN (Nexstar) — According to a late 2024 Gallup study, nearly all Americans use Artificial Intelligence (AI) in one form or another. As the technology has rapidly developed over recent years, regulation has lagged -- especially in Texas where the state legislature only meets every other year. On Wednesday, State Rep. Giovanni Capriglione, R-Southlake, laid out his comprehensive vision for creating AI regulations in the Lone Star State.
Establishing the AI Council
In the layout of his bill to the Texas House Committee on the Delivery of Government Efficiency (Texas DOGE), Capriglione said, "since the end of last session, I've been exploring this area -- watching what other states are doing in this area in an effort to build upon their mistakes."
HB 149 would create an Artificial Intelligence Council within the Texas Department of Information Resources. The council would be tasked to ensure new AI tools are ethical, while also flagging regulations inhibiting AI innovation. The council would also look at the usage of AI systems to make Texas government more efficient, monitor the AI regulatory environment and give suggestions to the legislature on how they should proceed.
Notably, the council will not have the power to make new rules regarding AI, leaving future legislation to the state legislature.
"What we're trying to do is focus on -- not trying to make everybody happy but first and foremost protecting public citizens and their safety and their fundamental rights," Capriglione said. "At the same time we want to do this in a way that AI will continue to flourish and be innovative here in the state of Texas."
Regulating AI in Texas
While lawmakers have tackled very specific AI regulations, HB 149 takes a comprehensive look at what AI capabilities should be illegal. First and foremost, it would require a disclaimer in Texas requiring that the developer of an AI tool tells users they are using an AI tool.
The bill would prevent AI for being used to incite harm against another person, self-harm or engage in criminal activity. HB 149 would also prevent AI from discriminating against political viewpoints, only allowing for the limited cases in which speech is already outlawed and not protected by the First Amendment of the United States' Constitution.
AI would also be prevented from being "developed or deployed with the sole intent of producing, assisting or aiding in producing, or distributing (child pornography)... or an unlawful deep fake video."
Using AI in the Texas Government
The bill also lays out certain procedures to help guide Texas state agencies on proper ways to implement AI into the state government. In addition to requiring that at least one member of the newly-created council will have "expertise in improving the efficiency and effectiveness of government operations," the council will be tasked to "conduct training programs for state agencies and local governments on the use of artificial intelligence systems."
HB 149 would add a section to the Texas Sunset Law -- which requires state agencies to justify their existence to lawmakers on a regular typically 12-year cycle -- to include an assessment of the agencies use of AI when up for review.
There are safeguards on how AI is used by the Texas government or local governmental agencies within Texas. Government agencies cannot use biometric tools -- like face ID, fingerprints, etc. -- with AI and they also can not create a social credit score program to rate citizens on their behavior.