Texas TRAIGA

HB 149: conditional defence to liability and prohibited-use detection

Updated

Texas HB 149 (Responsible AI Governance Act) takes effect 2026-01-01 and applies an intent-based liability framework to AI development and deployment in Texas. The Act provides a conditional defence to liability under BCC 552.105(e): a defendant may not be found liable if a violation is discovered through the 552.105(e)(2)(D) internal-review discovery route and the defendant substantially complies with the NIST Generative AI Profile.

Asqav can sign submitted agent-action records with ML-DSA. It retains the receipts under the longer of HIPAA six years or any Texas-required period, and emits stable reason codes for the prohibited-use categories of BCC 552.052.

The receipt format is profiled in the IETF Internet-Draft draft-marques-asqav-compliance-receipts.

How Asqav supports HB 149 obligations

Section Requirement Asqav binding
BCC 552.105(e)(2)(D) Conditional defence to liability under BCC 552.105(e): violation discovered through an internal review process, with NIST Generative AI Profile substantial compliance. Audit pack as evidence. NIST AI RMF binding co-applied via the same receipt substrate.
BCC 552.052 Prohibited-use categories: incitement of self-harm, harm to another, criminal activity. Three stable reason codes on deny receipts: prohibited_self_harm_incitement, prohibited_harm_to_another, prohibited_criminal_activity.

See the docs for the full mapping and the IETF draft for the binding text.

References