Artificial intelligence is transforming the way we live, work, and access critical services. At the same time, high-risk AI systems can cause harm whether through discrimination, unauthorized use of biometric data, or unsafe automated decision-making.
Effective January 1, 2026, the Texas Responsible Artificial Intelligence Governance Act (TRAIGA) establishes clear rules for developers and users of high-risk AI in Texas, while providing residents with tools to demand accountability.
Falcon Law Group’s product liability attorneys helpTexas residents protect their rights when AI systems cause injury, discrimination, or other harm. Our team guides clients through complex technology and legal frameworks to pursue compensation, ensure transparency, and hold responsible parties accountable under existing tort laws.
What is TRAIGA? (HB 149)
TRAIGA, also known as Texas HB 149, was signed into law on June 22, 2025, and went into effect on January 1, 2026. The law regulates high-risk AI systems and prohibits uses that could result in physical, emotional, or civil rights harm. Key provisions include:
- Targeting AI designed for unlawful behavioral manipulation
- Banning the creation or distribution of child sexual abuse material
- Limiting the use of AI for decisions that may violate constitutional rights
- Establishing regulatory safe harbors for compliant AI, including alignment with the NIST AI Risk Management Framework
- Creating the Texas Artificial Intelligence Advisory Council to set ethical, privacy, and safety standards
Who Does This Law Apply To?
TRAIGA applies broadly to any person or entity conducting business in Texas or producing products or services used by Texas residents. This includes AI developers, service providers, and platforms whose systems affect individuals in high-stakes contexts such as finance, healthcare, and employment.
Prohibited AI Practices: What the Law Forbids
The law draws a hard line against AI used for malicious purposes, including generating sexually explicit material of both children and adults, facilitating self-harm, or infringing on constitutional protections. AI that creates or distributes such content may trigger regulatory enforcement and civil liability under related laws.
TRAIGA also addresses behavioral manipulation and algorithmic discrimination. High-risk AI cannot unlawfully influence choices or unfairly impact individuals based on race, gender, age, or other protected characteristics. By setting these boundaries, Texas ensures that AI innovation does not come at the expense of human rights.
High-Risk AI and Your "Right to Explanation"
High-risk AI is increasingly used to determine access to credit, insurance, medical treatment, and employment. Decisions made by these systems can profoundly affect your life, and errors or opaque algorithms may result in harm.
TRAIGA introduces a “right to explanation” for individuals affected by high-risk AI decisions. If a San Antonio resident is denied a loan, insurance coverage, or medical service due to an algorithmic decision, they can request a clear explanation of the factors influencing that decision. This is a major step forward in ensuring transparency and accountability.
TRAIGA Enforcement: Can You Sue for AI Injuries?
The Texas Attorney General holds exclusive enforcement authority under TRAIGA. This means that TRAIGA itself does not grant individuals the right to sue for violations of the statute. Enforcement can result in penalties, fines, or corrective orders issued by the state.
Although TRAIGA does not provide a direct private right of action, affected individuals are not left without recourse. If an AI system causes physical, emotional, or financial harm, victims can pursue traditional claims under product liability, negligence, or civil rights laws. Falcon Law Group helps clients evaluate whether existing tort frameworks apply to AI-related injuries.
The Intersection of AI and Personal Injury Law
As artificial intelligence becomes more integrated into everyday life, it introduces new risks that can lead to personal injury or civil rights violations. AI-driven devices such as self-driving cars or automated industrial machinery can malfunction or make unsafe decisions, causing serious physical harm or property damage and raising questions of product liability.
Additionally, AI-generated content may contribute to discrimination, harassment, or even sexual exploitation, creating potential grounds for civil claims. Falcon Law Group’s personal injury lawyers advocate for victims harmed by AI-related negligence or misuse, helping hold developers, manufacturers, and operators accountable under evolving legal standards.
Protecting Your Rights in an Automated World
If you or a loved one has been harmed by an AI system in Texas, early legal guidance is essential. AI-related injuries can be complex, involving not only traditional legal issues like negligence and product liability, but also emerging questions about algorithmic decisions, behavioral manipulation, and unauthorized use of biometric data. Acting quickly ensures that critical evidence is preserved, the AI’s decision-making process is properly analyzed, and all potential claims are fully explored.
Falcon Law Group can help you:
- Analyze AI-related harm and determine potential liability
- Evaluate claims under product liability, negligence, or civil rights law
- Request transparency under the “right to explanation”
- Navigate complex regulatory requirements under TRAIGA
- Seek full compensation for physical, emotional, or financial injuries
With TRAIGA now in effect, individuals in Texas have unprecedented tools to demand accountability from high-risk AI systems, but these cases require both legal guidance and a tech-forward approach. Falcon Law Group is committed to guiding clients through these challenges, protecting their rights, and pursuing justice whenever AI causes harm.
Contact us today at (210) 526-2997 to schedule your free, confidential consultation.
