Developers and deployers must not use AI with the intent to unlawfully discriminate against a protected class
Context fileUnder Texas Responsible AI Governance Act (TRAIGA), Business and Commerce Code Section 551.056
What does it require?
A person may not develop or deploy an AI system with the intent to unlawfully discriminate against a protected class in violation of state or federal law. A disparate impact on a protected class is not, by itself, sufficient to show an intent to discriminate, and insurers and financial institutions acting under their own regulatory regimes are treated separately.
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.
Applies from:
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 systemProhibited 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 changeAccuracy, 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.
What evidence would a reviewer expect?
| Evidence | Type | Notes |
|---|---|---|
| Purpose statement and fairness testing record | record |
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 →
| Framework | Reference | Note | Confidence |
|---|---|---|---|
| NIST AI RMF 1.0 | MEASURE 2.11, MANAGE 1.3 | Fairness and bias evaluated and managed. | medium |
| ISO/IEC 42001:2023 | Annex A.6.1.2, A.9.4 | Objectives and intended use recorded. | medium |
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))”. https://aipolicytracker.org/obligations/us-texas-responsible-ai-governance-act-traiga-unlawful-discrimination-prohibition (accessed 24 September 2026). Data licensed CC BY 4.0.
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.
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)
Informational only, not legal advice. Verify every claim against the linked official sources and consult qualified counsel before acting.