Texas · House Bill · 89th Regular Session
HB3755
Texas HB 3755 — Relating to biometric identifiers used in the performance of artificial intelligence

Status ● Introduced Effective Sep 1, 2025 Passage Likelihood L

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
Enforcement under Texas Business & Commerce Code § 503.001. The existing statute provides for enforcement by the attorney general; this bill does not alter the enforcement mechanism. No private right of action is created by this bill.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
Existing § 503.001 penalties apply: civil penalty of up to $25,000 per violation, enforceable by the attorney general. This bill does not modify the penalty structure but narrows the scope of conduct subject to those penalties when AI is involved.

What This Bill Requires

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text
Analysis & Obligations
Bus. & Com. Code § 503.001(a)
Definitions: Artificial intelligence and biometric identifier

(a)(1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, including computer vision, speech or natural language processing, and content generation.Bus. & Com. Code § 503.001(a)(1)" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, including computer vision, speech or natural language processing, and content generation.

(a)(2) "Biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.Bus. & Com. Code § 503.001(a)(2)" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.

Section 1 of the bill amends the definitions subsection of Texas's biometric identifier statute to add a new definition of artificial intelligence and to renumber the existing biometric identifier definition. The AI definition is broad, encompassing machine learning and related technologies used to train statistical models for tasks associated with human intelligence or perception, including computer vision, speech and natural language processing, and content generation. These definitions set the scope for the new AI exemption in subsection (f).

Bus. & Com. Code § 503.001(f)
AI exemption and repurposing restriction
DeployerDeveloper

(f) 1 This section does not apply to artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, including computer vision, speech or natural language processing, and content generation.Bus. & Com. Code § 503.001(a)(1) or related training, processing, or storage, unless performed for the purpose of uniquely identifying a specific individual. If a biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.Bus. & Com. Code § 503.001(a)(2) captured for the commercial purpose of artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, including computer vision, speech or natural language processing, and content generation.Bus. & Com. Code § 503.001(a)(1) is used for another and separate commercial purpose, the person possessing the biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.Bus. & Com. Code § 503.001(a)(2) is subject to this section's provisions for the possession and destruction of a biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.Bus. & Com. Code § 503.001(a)(2) and the associated penalties.

Subsection (f) creates the bill's operative carve-out: the entire biometric identifier statute does not apply to artificial intelligence or related training, processing, or storage of biometric data, unless the AI use is for the purpose of uniquely identifying a specific individual. This means entities collecting biometric data such as face geometry or voiceprints for AI model training — without using those identifiers to identify specific people — would not need to comply with the statute's existing notice, consent, retention, and destruction requirements.

The second sentence imposes a conditional re-application rule: if a biometric identifier originally captured for AI purposes is later repurposed to a separate commercial use, the possessor becomes subject to the statute's full possession and destruction provisions and associated penalties. This creates a data-use boundary that entities must monitor and enforce internally.

Compliance actions 1 item
1
Entities that capture biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.Bus. & Com. Code § 503.001(a)(2) for AI training, processing, or storage must not repurpose those identifiers to a separate commercial purpose; if they do, they become subject to the full biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.Bus. & Com. Code § 503.001(a)(2) statute's possession, destruction, and penalty provisions. The AI exemption does not apply when biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.Bus. & Com. Code § 503.001(a)(2) are used for the purpose of uniquely identifying a specific individual.
D-01.4
Section 2
Effective date

This Act takes effect September 1, 2025.

The bill takes effect September 1, 2025.

Passage Likelihood

Low
Status Introduced
Chamber No passage
Committee No action
Majority party Yes
Bipartisan No
Prior session None

Legislative History

2025-03-04 Filed
2025-03-26 Read first time
2025-03-26 Referred to Delivery of Government Efficiency

Entry Last Reviewed

2026-05-20
AI generated