Source: JCA Law, PLLC

HB 149 was signed into law on June 22, 2025 and will take effect January 1, 2026, establishing a comprehensive regulatory framework for the development, use, and deployment of artificial intelligence systems in Texas. The statute prohibits the capture of biometric identifiers from publicly available images or media unless the identified individual themselves made the image or media publicly available, while allowing exceptions for biometric data used to train AI systems. The law includes a local preemption that bars adoption of local rules regarding the use of AI systems to ensure a unified statewide approach. Governmental agencies deploying consumer-facing AI systems must disclose to consumers when they are interacting with an AI system before or at the time of interaction. The statute also bars governmental entities from using AI systems to socially score individuals or groups and from developing or deploying AI to uniquely identify individuals using biometric data. These provisions are presented as measures to protect privacy rights and to prevent arbitrary, exclusionary, or targeted exploitation of AI by public actors.

HB 149 further prohibits development or deployment of AI systems that intend to incite or encourage a person to harm themselves, others, or engage in criminal activity. The law forbids AI systems created with the “sole intent” of infringing, restricting, or otherwise impairing an individual’s constitutional rights and bars AI developed or deployed with the intent to unlawfully discriminate against a protected class in violation of state or federal law. It explicitly prohibits using AI systems to produce or distribute unlawful sexually explicit visual material or deep fake videos, including child pornography. Remaining provisions address enforcement of the statute as well as oversight and compliance regulations related to continued development and deployment of AI systems. Overall, HB 149 is described as prioritizing transparency, privacy rights, and public safety in guiding responsible AI integration.