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

- **Record type**: Obligation
- **Instrument**: Texas Responsible Artificial Intelligence Governance Act (HB 149, 89th Legislature)
- **Jurisdiction**: Texas (United States)
- **Category**: prohibited_practice
- **Binding**: Yes
- **Applies from**: 2026-01-01
- **Provision**: Business and Commerce Code Section 551.056

## What the duty requires

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.

## What an organisation does about it

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

## Controls that meet this duty

- Accuracy, robustness, fairness and security testing (supports): https://aipolicytracker.org/controls/accuracy-robustness-security-testing
- Prohibited and unacceptable-use screening gate (satisfies): https://aipolicytracker.org/controls/prohibited-use-screening-gate

## Parent instrument

- Texas Responsible Artificial Intelligence Governance Act (HB 149, 89th Legislature)
  - Record: https://aipolicytracker.org/policies/us-texas-responsible-ai-governance-act-traiga
  - Context file: https://aipolicytracker.org/policies/us-texas-responsible-ai-governance-act-traiga.md

## Provenance

- **Record page**: https://aipolicytracker.org/obligations/us-texas-responsible-ai-governance-act-traiga-unlawful-discrimination-prohibition
- **Official source**: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB149
- **Provision**: Business and Commerce Code Section 551.056
- **Review status**: pending review
- **Confidence**: high
- **Facts last confirmed**: never confirmed against the official source
- **Retrieved**: 2026-09-24
- **Licence**: https://creativecommons.org/licenses/by/4.0/

> This record is a structured summary with a link to the official text. It is not legal advice. Open the official source before relying on any date or duty. How current each record type must be is published at https://aipolicytracker.org/verification; what a record must carry at all is published at https://aipolicytracker.org/coverage.