Developers and deployers must not use AI with the intent to unlawfully discriminate against a protected class

Practical action

Document the non-discriminatory purpose of each decision system and keep fairness testing evidence that shows there was no intent to discriminate.

Who does it apply to?

Any person developing or deploying AI systems affecting Texas residents; intent, not effect, is the test.

Actors

Provider / developerDeployer / user organisationPublic authority / government body

Sectors

Cross-sector / all sectorsEmployment and HRFinancial services and creditPublic services and government

Use cases

AI in hiring and employmentAI in finance, credit and insuranceAI in public services

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 purpose against the discrimination ban.

• supportsTechnical measureQuality or testing lead · at launch and on material change
  Accuracy, robustness, fairness and security testing

  Serves 15 recorded duties · evidence: Pre-release test report, Test plan and acceptance criteria, Release test sign-off

  Fairness testing evidence supports the absence of intent.

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). “Developers and deployers must not use AI with the intent to unlawfully discriminate against a protected class (Texas Responsible AI Governance Act (TRAIGA))” [AIPT-OBL-0109, verified 26 September 2026 by Bhaskar Bhatt]. https://aipolicytracker.org/id/AIPT-OBL-0109 (accessed 8 November 2026). Data licensed CC BY 4.0.

Permanent id AIPT-OBL-0109: 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_developersanddeployersmu,
  author       = {{AIPolicyTracker}},
  title        = {{Developers and deployers must not use AI with the intent to unlawfully discriminate against a protected class (Texas Responsible AI Governance Act (TRAIGA))}},
  year         = {2026},
  howpublished = {\url{https://aipolicytracker.org/obligations/us-texas-responsible-ai-governance-act-traiga-unlawful-discrimination-prohibition}},
  url          = {https://aipolicytracker.org/obligations/us-texas-responsible-ai-governance-act-traiga-unlawful-discrimination-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)
• Governmental entities must not use AI for biometric identification from public data without consent where it infringes rights — 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)