Texas · Senate Bill · 2025 Session
SB2567
Texas SB 2567 — Relating to the deceptive trade practice of failure to disclose information regarding the use of artificial intelligence system or algorithmic pricing systems for setting of price

Status ● Introduced Effective Sep 1, 2025 Passage Likelihood L

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
Enforced by the Texas Attorney General under Tex. Bus. & Com. Code Chapter 17 (DTPA). The AG may seek injunctive relief and civil penalties. Consumers may also bring private actions under DTPA § 17.50 for violations of the laundry list in § 17.46(b).
Private Right of Action
Enforced by the Texas Attorney General under Tex. Bus. & Com. Code Chapter 17 (DTPA). The AG may seek injunctive relief and civil penalties. Consumers may also bring private actions under DTPA § 17.50 for violations of the laundry list in § 17.46(b).
Penalties
Under existing DTPA remedies (§ 17.50), consumers may recover economic damages, up to three times actual damages for knowing or intentional violations, court costs, and reasonable attorney's fees. The AG may obtain civil penalties up to $10,000 per violation (§ 17.47). Injunctive relief is available to both the AG and private plaintiffs.

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
Tex. Bus. & Com. Code § 17.45(18)–(19)
Definitions: AI system and algorithmic pricing systems

(18) "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" 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, such as computer vision, speech or natural language processing, and content generation.Tex. Bus. & Com. Code § 17.45(18)" 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, such as computer vision, speech or natural language processing, and content generation.

(19) "Algorithmic pricing systemsAlgorithmic pricing systems"Algorithmic pricing systems" means any condition in which an artificial intelligence system when deployed generates recommendations on pricing.Tex. Bus. & Com. Code § 17.45(19)" means any condition in which an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" 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, such as computer vision, speech or natural language processing, and content generation.Tex. Bus. & Com. Code § 17.45(18) when deployed generates recommendations on pricing.

Section 1 of the bill amends the DTPA definitions section (§ 17.45) by adding two new defined terms. Artificial intelligence system is defined broadly to cover machine-learning-based systems that enable tasks associated with human intelligence or perception, including computer vision, NLP, and content generation. Algorithmic pricing systems is defined as any condition in which a deployed AI system generates pricing recommendations. The latter definition is notably broad — it does not require that the AI system autonomously set a final price, only that it generate a recommendation.

Tex. Bus. & Com. Code § 17.46(b)(35)
Deceptive trade practice: failure to disclose AI or algorithmic pricing
Deployer

(35) 1 failure to disclose information regarding use of artificial intelligence systemArtificial intelligence system"Artificial intelligence system" 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, such as computer vision, speech or natural language processing, and content generation.Tex. Bus. & Com. Code § 17.45(18), or algorithmic pricing systemsAlgorithmic pricing systems"Algorithmic pricing systems" means any condition in which an artificial intelligence system when deployed generates recommendations on pricing.Tex. Bus. & Com. Code § 17.45(19) for setting of price.

Section 2 of the bill adds a new item (35) to the enumerated list of false, misleading, or deceptive acts or practices in § 17.46(b). The new deceptive practice is the failure to disclose the use of an artificial intelligence system or an algorithmic pricing system in setting a price. Because this provision is added to the § 17.46(b) laundry list, it is actionable both by the Attorney General under § 17.47 and by private consumers under § 17.50. The obligation is a disclosure duty: any person in trade or commerce who uses AI or algorithmic pricing to set a price must affirmatively disclose that fact to the consumer.

The bill does not specify the form, timing, or content of the required disclosure beyond the fact that it must occur. This leaves significant ambiguity about what constitutes compliant disclosure — whether point-of-sale notice, website disclosure, or receipt-level notice would suffice.

Compliance actions 1 item
1
Any person engaged in trade or commerce must disclose to consumers when an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" 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, such as computer vision, speech or natural language processing, and content generation.Tex. Bus. & Com. Code § 17.45(18) or algorithmic pricing system is used to set or recommend the price of goods or services.
CP-01.10
Tex. Bus. & Com. Code § 17.46(b) (existing provisions)
Existing DTPA laundry list (restated without amendment)

(1)–(34) Except as provided in Subsection (d) of this section, the term "false, misleading, or deceptive acts or practices" includes, but is not limited to, the following acts: (1) passing off goods or services as those of another; (2) causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services; (3) causing confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another; (4) using deceptive representations or designations of geographic origin in connection with goods or services; (5) representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which the person does not; (6) representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand; (7) representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another; (8) disparaging the goods, services, or business of another by false or misleading representation of facts; (9) advertising goods or services with intent not to sell them as advertised; (10) advertising goods or services with intent not to supply a reasonable expectable public demand, unless the advertisements disclosed a limitation of quantity; (11) making false or misleading statements of fact concerning the reasons for, existence of, or amount of price reductions; (12) representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law; (13) knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service; (14) misrepresenting the authority of a salesman, representative or agent to negotiate the final terms of a consumer transaction; (15) basing a charge for the repair of any item in whole or in part on a guaranty or warranty instead of on the value of the actual repairs made or work to be performed on the item without stating separately the charges for the work and the charge for the warranty or guaranty, if any; (16) disconnecting, turning back, or resetting the odometer of any motor vehicle so as to reduce the number of miles indicated on the odometer gauge; (17) advertising of any sale by fraudulently representing that a person is going out of business; (18) advertising, selling, or distributing a card which purports to be a prescription drug identification card issued under Section 4151.152, Insurance Code, in accordance with rules adopted by the commissioner of insurance, which offers a discount on the purchase of health care goods or services from a third party provider, and which is not evidence of insurance coverage, unless: (A) the discount is authorized under an agreement between the seller of the card and the provider of those goods and services or the discount or card is offered to members of the seller; (B) the seller does not represent that the card provides insurance coverage of any kind; and (C) the discount is not false, misleading, or deceptive; (19) using or employing a chain referral sales plan in connection with the sale or offer to sell of goods, merchandise, or anything of value; (20) representing that a guaranty or warranty confers or involves rights or remedies which it does not have or involve; (21) promoting a pyramid promotional scheme, as defined by Section 17.461; (22) representing that work or services have been performed on, or parts replaced in, goods when the work or services were not performed or the parts replaced; (23) filing suit founded upon a written contractual obligation of and signed by the defendant to pay money arising out of or based on a consumer transaction for goods, services, loans, or extensions of credit intended primarily for personal, family, household, or agricultural use in any county other than in the county in which the defendant resides at the time of the commencement of the action or in the county in which the defendant in fact signed the contract; (24) failing to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed; (25) using the term "corporation," "incorporated," or an abbreviation of either of those terms in the name of a business entity that is not incorporated under the laws of this state or another jurisdiction; (26) selling, offering to sell, or illegally promoting an annuity contract; (27) subject to Section 17.4625, taking advantage of a disaster declared by the governor or the president by selling or leasing necessities at exorbitant prices or demanding exorbitant prices; (28) using the translation into a foreign language of a title or other word to imply that a person is authorized to practice law; (29) delivering or distributing a solicitation that represents it is sent on behalf of a governmental entity when it is not or resembles a governmental notice; (30) delivering or distributing a solicitation that resembles a check or other negotiable instrument or invoice unless it includes the notice "SPECIMEN-NON-NEGOTIABLE"; (31) in the production, sale, distribution, or promotion of a synthetic substance, making a deceptive representation or causing confusion about its effects; (32) a licensed public insurance adjuster soliciting employment for an attorney; (33) owning, operating, maintaining, or advertising an unlicensed massage establishment; (34) a warrantor of a vehicle protection product warranty using insurance-descriptive terms.

Section 2 of the bill restates the full text of the existing § 17.46(b) laundry list — items (1) through (34) — without amendment. These existing deceptive trade practices are carried forward unchanged and create no new AI-related compliance obligations.

Act § 3
Applicability — prospective application

The change in law made by this Act applies only to an act or practice that occurs on or after the effective date of this Act. An act or practice that occurs before the effective date of this Act is governed by the law in effect on the date the act or practice occurred, and the former law is continued in effect for that purpose.

Section 3 provides a standard prospective-application clause: the new deceptive-practice designation applies only to acts or practices occurring on or after the effective date. Prior conduct remains governed by prior law.

Act § 4
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 No
Bipartisan No
Prior session None

Legislative History

2025-03-13 Received by the Secretary of the Senate
2025-03-13 Filed
2025-04-03 Read first time
2025-04-03 Referred to Business & Commerce

Entry Last Reviewed

2026-05-20
AI generated