{"slug":"us-texas-responsible-ai-governance-act-traiga-unlawful-discrimination-prohibition","id":"AIPT-OBL-0109","permanent_url":"https://aipolicytracker.org/id/AIPT-OBL-0109","title":"Developers and deployers must not use AI with the intent to unlawfully discriminate against a protected class","short_title":"Unlawful discrimination ban","category":"prohibited_practice","summary":"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.\n","practical_action":"Document the non-discriminatory purpose of each decision system and keep fairness testing evidence that shows there was no intent to discriminate.\n","is_binding":true,"applies_from":"2026-01-01","section":null,"source_reference":"Business and Commerce Code Section 551.056","official_source_url":"https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB149","review_status":"verified","confidence_level":"high","last_verified_at":"2026-09-26","reviewed_by":"Bhaskar Bhatt","actors":["provider","deployer","public_authority"],"sectors":["cross_sector","employment","financial_services","public_services"],"use_cases":["hiring_and_hr","finance_and_credit","public_services"],"applicability":[{"description":"Any person developing or deploying AI systems affecting Texas residents; intent, not effect, is the test.","actors":["provider","deployer","public_authority"],"conditions":null}],"evidence_examples":[{"title":"Purpose statement and fairness testing record","description":null,"artifact_type":"record"}],"framework_mappings":[{"framework":"nist_ai_rmf","framework_name":"NIST AI RMF 1.0","reference":"MEASURE 2.11, MANAGE 1.3","note":"Fairness and bias evaluated and managed.","confidence_level":"medium","is_original":true},{"framework":"iso_42001","framework_name":"ISO/IEC 42001:2023","reference":"Annex A.6.1.2, A.9.4","note":"Objectives and intended use recorded.","confidence_level":"medium","is_original":true}],"controls":[{"slug":"prohibited-use-screening-gate","title":"Prohibited and unacceptable-use screening gate","kind":"process","relationship":"satisfies","note":"Screens purpose against the discrimination ban.","confidence_level":"high","url":"https://aipolicytracker.org/controls/prohibited-use-screening-gate"},{"slug":"accuracy-robustness-security-testing","title":"Accuracy, robustness, fairness and security testing","kind":"technical","relationship":"supports","note":"Fairness testing evidence supports the absence of intent.","confidence_level":"medium","url":"https://aipolicytracker.org/controls/accuracy-robustness-security-testing"}],"url":"https://aipolicytracker.org/obligations/us-texas-responsible-ai-governance-act-traiga-unlawful-discrimination-prohibition","policy":{"slug":"us-texas-responsible-ai-governance-act-traiga","title":"Texas Responsible Artificial Intelligence Governance Act (HB 149, 89th Legislature)","status":"in_force","jurisdiction":"us-texas","url":"https://aipolicytracker.org/policies/us-texas-responsible-ai-governance-act-traiga"}}