Texas · House Bill · 89th Regular Session
HB5496
Texas HB 5496 — Relating to the disclosure and use of artificial intelligence

Status ● Introduced Effective Sep 1, 2025 Passage Likelihood L

WHAT THIS BILL REGULATES · 4 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority
Enforcement via the Texas Deceptive Trade Practices–Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code). The consumer protection division of the attorney general's office may bring enforcement actions. Consumers may also bring private actions under the DTPA, subject to standard DTPA standing requirements including actual injury. A 60-day pre-suit demand letter and cure opportunity applies under DTPA § 17.505.
Private Right of Action
may bring enforcement actions.
Penalties
Remedies are those available under the Texas DTPA (Subchapter E, Chapter 17): economic damages, up to three times actual damages for knowing or intentional violations, court costs, and reasonable and necessary attorney's fees. Injunctive relief is available. The DTPA does not authorize punitive damages per se but does authorize treble damages for knowing conduct.

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 § 611.001
Definition of artificial intelligence

Sec. 611.001. DEFINITION. In this chapter, "artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that: (1) when given a set of objectives by an individual, makes predictions, recommendations, or decisions that influence a real or virtual environment; and (2) uses inputs from an individual or machine to: (A) perceive or interpret a real or virtual environment; (B) use automation to analyze a perception or interpretation of a real or virtual environment; or (C) use models to infer or form opinions on information or a proposed action.Bus. & Com. Code § 611.001" means a machine-based system that: (1) when given a set of objectives by an individual, makes predictions, recommendations, or decisions that influence a real or virtual environment; and (2) uses inputs from an individual or machine to: (A) perceive or interpret a real or virtual environment; (B) use automation to analyze a perception or interpretation of a real or virtual environment; or (C) use models to infer or form opinions on information or a proposed action.

Section 611.001 defines artificial intelligence broadly as any machine-based system that, given human-set objectives, makes predictions, recommendations, or decisions influencing a real or virtual environment, and that uses human or machine inputs to perceive, analyze, or infer information about that environment. The definition closely tracks the NIST-style functional definition and is not limited to generative AI, large language models, or any particular architecture — it sweeps in traditional ML systems, expert systems, and predictive analytics alongside newer generative tools.

Bus. & Com. Code § 611.002
Obligations of persons using artificial intelligence
Deployer

(a)(1) 1 A person who uses artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that: (1) when given a set of objectives by an individual, makes predictions, recommendations, or decisions that influence a real or virtual environment; and (2) uses inputs from an individual or machine to: (A) perceive or interpret a real or virtual environment; (B) use automation to analyze a perception or interpretation of a real or virtual environment; or (C) use models to infer or form opinions on information or a proposed action.Bus. & Com. Code § 611.001 in conducting business or otherwise providing a good or service, including operating or providing access to a social media platform, creating or distributing political advertising, or providing financial services, to a resident of this state shall: (1) implement and maintain standards representing the best practices of the artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that: (1) when given a set of objectives by an individual, makes predictions, recommendations, or decisions that influence a real or virtual environment; and (2) uses inputs from an individual or machine to: (A) perceive or interpret a real or virtual environment; (B) use automation to analyze a perception or interpretation of a real or virtual environment; or (C) use models to infer or form opinions on information or a proposed action.Bus. & Com. Code § 611.001 industry;

(a)(2) 2 A person who uses artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that: (1) when given a set of objectives by an individual, makes predictions, recommendations, or decisions that influence a real or virtual environment; and (2) uses inputs from an individual or machine to: (A) perceive or interpret a real or virtual environment; (B) use automation to analyze a perception or interpretation of a real or virtual environment; or (C) use models to infer or form opinions on information or a proposed action.Bus. & Com. Code § 611.001 in conducting business or otherwise providing a good or service, including operating or providing access to a social media platform, creating or distributing political advertising, or providing financial services, to a resident of this state shall: (2) provide a tool for an individual to whom the person is providing a good or service that enables the individual to detect the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that: (1) when given a set of objectives by an individual, makes predictions, recommendations, or decisions that influence a real or virtual environment; and (2) uses inputs from an individual or machine to: (A) perceive or interpret a real or virtual environment; (B) use automation to analyze a perception or interpretation of a real or virtual environment; or (C) use models to infer or form opinions on information or a proposed action.Bus. & Com. Code § 611.001;

(a)(3) 3 A person who uses artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that: (1) when given a set of objectives by an individual, makes predictions, recommendations, or decisions that influence a real or virtual environment; and (2) uses inputs from an individual or machine to: (A) perceive or interpret a real or virtual environment; (B) use automation to analyze a perception or interpretation of a real or virtual environment; or (C) use models to infer or form opinions on information or a proposed action.Bus. & Com. Code § 611.001 in conducting business or otherwise providing a good or service, including operating or providing access to a social media platform, creating or distributing political advertising, or providing financial services, to a resident of this state shall: (3) make available to any individual affected by a decision made by artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that: (1) when given a set of objectives by an individual, makes predictions, recommendations, or decisions that influence a real or virtual environment; and (2) uses inputs from an individual or machine to: (A) perceive or interpret a real or virtual environment; (B) use automation to analyze a perception or interpretation of a real or virtual environment; or (C) use models to infer or form opinions on information or a proposed action.Bus. & Com. Code § 611.001 an explanation of how and why the artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that: (1) when given a set of objectives by an individual, makes predictions, recommendations, or decisions that influence a real or virtual environment; and (2) uses inputs from an individual or machine to: (A) perceive or interpret a real or virtual environment; (B) use automation to analyze a perception or interpretation of a real or virtual environment; or (C) use models to infer or form opinions on information or a proposed action.Bus. & Com. Code § 611.001 reached that decision;

(a)(4) 4 A person who uses artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that: (1) when given a set of objectives by an individual, makes predictions, recommendations, or decisions that influence a real or virtual environment; and (2) uses inputs from an individual or machine to: (A) perceive or interpret a real or virtual environment; (B) use automation to analyze a perception or interpretation of a real or virtual environment; or (C) use models to infer or form opinions on information or a proposed action.Bus. & Com. Code § 611.001 in conducting business or otherwise providing a good or service, including operating or providing access to a social media platform, creating or distributing political advertising, or providing financial services, to a resident of this state shall: (4) ensure that artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that: (1) when given a set of objectives by an individual, makes predictions, recommendations, or decisions that influence a real or virtual environment; and (2) uses inputs from an individual or machine to: (A) perceive or interpret a real or virtual environment; (B) use automation to analyze a perception or interpretation of a real or virtual environment; or (C) use models to infer or form opinions on information or a proposed action.Bus. & Com. Code § 611.001 does not demonstrate bias or discriminate against an individual on the basis of any legally protected classification.

(b) Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that: (1) when given a set of objectives by an individual, makes predictions, recommendations, or decisions that influence a real or virtual environment; and (2) uses inputs from an individual or machine to: (A) perceive or interpret a real or virtual environment; (B) use automation to analyze a perception or interpretation of a real or virtual environment; or (C) use models to infer or form opinions on information or a proposed action.Bus. & Com. Code § 611.001 is considered to be used to provide a good or service to an individual under Subsection (a) regardless of whether the individual can directly access the artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that: (1) when given a set of objectives by an individual, makes predictions, recommendations, or decisions that influence a real or virtual environment; and (2) uses inputs from an individual or machine to: (A) perceive or interpret a real or virtual environment; (B) use automation to analyze a perception or interpretation of a real or virtual environment; or (C) use models to infer or form opinions on information or a proposed action.Bus. & Com. Code § 611.001.

Section 611.002 is the bill's operative provision, imposing four distinct obligations on any person who uses AI in conducting business or providing goods or services to Texas residents. The covered activities are illustratively broad — the statute expressly names social media platforms, political advertising, and financial services, but the operative clause covers any business use of AI. The four duties are: maintaining industry best-practice standards, providing an AI-detection tool to affected individuals, making decision explanations available, and ensuring non-discrimination across legally protected classifications.

Subsection (b) clarifies that AI is considered used to provide a good or service even if the individual cannot directly access the AI system — meaning back-end AI processing (e.g., credit scoring, insurance underwriting, content recommendation) triggers the same obligations as consumer-facing AI.

Compliance actions 4 items
1
Persons using AI in conducting business or providing goods or services to Texas residents must implement and maintain standards representing the best practices of the artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that: (1) when given a set of objectives by an individual, makes predictions, recommendations, or decisions that influence a real or virtual environment; and (2) uses inputs from an individual or machine to: (A) perceive or interpret a real or virtual environment; (B) use automation to analyze a perception or interpretation of a real or virtual environment; or (C) use models to infer or form opinions on information or a proposed action.Bus. & Com. Code § 611.001 industry.
G-01.1
2
Persons using AI in conducting business or providing goods or services to Texas residents must provide affected individuals with a tool that enables them to detect the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that: (1) when given a set of objectives by an individual, makes predictions, recommendations, or decisions that influence a real or virtual environment; and (2) uses inputs from an individual or machine to: (A) perceive or interpret a real or virtual environment; (B) use automation to analyze a perception or interpretation of a real or virtual environment; or (C) use models to infer or form opinions on information or a proposed action.Bus. & Com. Code § 611.001.
T-01.1
3
Persons using AI in conducting business or providing goods or services to Texas residents must make available to any individual affected by an AI-made decision an explanation of how and why the AI reached that decision.
H-01.1
4
Persons using AI in conducting business or providing goods or services to Texas residents must ensure that AI does not demonstrate bias or discriminate against any individual on the basis of any legally protected classification.
H-02.1
Bus. & Com. Code § 611.003
Enforcement as deceptive trade practice

Sec. 611.003. ENFORCEMENT. A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, and is actionable under that subchapter.

Section 611.003 provides the enforcement mechanism: any violation of Chapter 611 constitutes a deceptive trade practice under Subchapter E of Chapter 17 of the Business & Commerce Code — the Texas Deceptive Trade Practices–Consumer Protection Act (DTPA). This incorporates the full DTPA enforcement toolkit, including attorney general enforcement, private consumer actions, actual damages (with trebling for knowing violations), and injunctive relief. The DTPA's pre-suit demand-letter and cure procedures also apply.

Passage Likelihood

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

Legislative History

2025-03-14 Filed
2025-04-07 Read first time
2025-04-07 Referred to Delivery of Government Efficiency

Entry Last Reviewed

2026-05-20
AI generated