Governmental entities must not use AI for biometric identification from public data without consent where it infringes rights

Practical action

Require legal sign-off on lawful basis and constitutional review before any agency biometric-matching or public-image scraping project.

Who does it apply to?

Texas governmental entities using AI for biometric identification or collection of public images.

Actors

Public authority / government body

Sectors

Public services and governmentLaw enforcement and justice

Use cases

Biometrics and facial recognitionAI in law enforcement

Applies from: 1 January 2026

Which controls meet this duty?

Satisfies: the control, operated properly, does the work the duty asks for. Supports: it contributes but the duty needs more. Each control page lists every other duty it serves, so work done once can be counted once.

• satisfiesProcessAI governance lead · once per ai system
  Prohibited and unacceptable-use screening gate

  Serves 7 recorded duties · evidence: Prohibited-use screening record, Screening list and escalation procedure

  Screens biometric projects against the ban.

• supportsProcessData protection officer · once per ai system
  Privacy and data-protection controls for AI

  Serves 13 recorded duties · evidence: Data protection impact assessment for an AI system, AI data-flow and legal-basis record, Privacy notice section on AI use

  Consent and lawful basis for biometric data.

Templates that cover this duty

Generated from the records. Free · no account · links emailed to your work address. This duty is cited in each file with its source reference and a link back here.

• AI Acceptable Use Policy

  Policy · DOCX · v1

• ISO/IEC 42001 Gap Assessment and Statement of Applicability

  Assessment · XLSX · v3

• NIST AI RMF ↔ EU AI Act ↔ ISO/IEC 42001 Crosswalk

  Crosswalk · XLSX · v5

• AI Audit Evidence Tracker

  Register · XLSX · v1

All 7 templates that cover it →

What evidence would a reviewer expect?

Framework mappings

Original editorial crosswalks. They cite clause numbers only and reproduce no standard text; confidence reflects how direct the mapping is.

See every Texas (United States) duty mapped this way →

Frequently asked questions

Cite this record

AIPolicyTracker (2026). “Governmental entities must not use AI for biometric identification from public data without consent where it infringes rights (Texas Responsible AI Governance Act (TRAIGA))” [AIPT-OBL-0108, verified 26 September 2026 by Bhaskar Bhatt]. https://aipolicytracker.org/id/AIPT-OBL-0108 (accessed 8 November 2026). Data licensed CC BY 4.0.

Permanent id AIPT-OBL-0108: it never changes or gets reused, and its address keeps working if this page moves.

Cite the official text alongside it: HB 149 (89R) history and enrolled text, Texas Legislature Online, https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB149.

@misc{aipolicytracker2026_governmentalentitiesmust,
  author       = {{AIPolicyTracker}},
  title        = {{Governmental entities must not use AI for biometric identification from public data without consent where it infringes rights (Texas Responsible AI Governance Act (TRAIGA))}},
  year         = {2026},
  howpublished = {\url{https://aipolicytracker.org/obligations/us-texas-responsible-ai-governance-act-traiga-government-biometric-identification-prohibition}},
  url          = {https://aipolicytracker.org/obligations/us-texas-responsible-ai-governance-act-traiga-government-biometric-identification-prohibition},
  urldate      = {2026-11-08},
  note         = {Data licensed CC BY 4.0. Accessed 8 November 2026}
}

Change history

Similar obligations in other instruments

• Do not deploy or provide AI for prohibited practices — EU AI Act, European Union
• Developers and deployers must not use AI to incite self-harm, harm to others or crime — Texas Responsible AI Governance Act (TRAIGA), Texas (United States)
• Governmental entities must not use AI for social scoring — Texas Responsible AI Governance Act (TRAIGA), Texas (United States)
• Developers and deployers must not use AI with the intent to unlawfully discriminate against a protected class — Texas Responsible AI Governance Act (TRAIGA), Texas (United States)
• Developers and distributors must not build AI intended to produce child sexual abuse material or unlawful sexual deepfakes — Texas Responsible AI Governance Act (TRAIGA), Texas (United States)