TRAIGA Enforcement Watch, October 2026: The AG Sued OpenAI, but Not Under TRAIGA

As of November 1, 2026, no TRAIGA enforcement action, civil investigative demand, notice of violation or civil penalty suit has been publicly reported. In October the Attorney General sued OpenAI, and did not use TRAIGA to bring the case.

How we checked

The Texas Attorney General’s news-release feed lists 16 releases dated October 1 through October 31, 2026. The newest on November 1 is dated October 31. We read the full text of all 16 and searched each for TRAIGA, HB 149 and artificial intelligence. None mentions TRAIGA or HB 149, the Texas Responsible Artificial Intelligence Governance Act, in effect since January 1, 2026. One mentions artificial intelligence.

Six of the 16, dated October 1 through 9, were already in our September edition. The ten dated October 15 through 31 are new to this count.

We also looked for outside reporting: law-firm alerts, news stories and court filings that describe a TRAIGA action or a civil investigative demand. We found none. Absence from the public record is the limit of what we can say. A civil investigative demand is not announced by default.

The OpenAI suit

On October 23 the office announced that it had sued OpenAI and its affiliated entities, “including its CEO Sam Altman.” The release says OpenAI “has failed to protect Texans, including children, from the many harms of relying on its artificial intelligence chatbot, ChatGPT.” Attorney General Ken Paxton is quoted in it: “I will fight to protect Texans from the harms of AI and ensure that powerful technology companies are not above the law.”

The release names the legal basis: the Attorney General “brings claims under” the Texas Deceptive Trade Practices Act. The petition, filed in Collin County, has two counts. Count I is a violation of the Deceptive Trade Practices Act, brought under section 17.47. Count II is a violation of the SCOPE Act, Texas’s law on minors and digital services, brought under section 509.151. It asks for civil penalties of up to $10,000 per violation. Among the relief it requests is an order barring OpenAI from releasing any new artificial intelligence model to Texas users unless a court-approved independent third-party evaluator has reviewed its safety guardrails.

A search of the petition’s full text finds no mention of TRAIGA, HB 149 or the Responsible Artificial Intelligence Governance Act. Coverage agrees on the basis. The Texas Tribune reported the suit was filed in Collin County district court, and The Record described it as “brought under the state’s deceptive trade practices laws.”

We do not count it as TRAIGA enforcement, and the count on our tracker stays at zero.

Data centers again, still not TRAIGA

On October 15 the office announced letters to “156 data center developments across the state of Texas.” It says the data centers under investigation include those that had not answered the Texas Water Development Board’s water-use survey. That follows the September 24 investigation our September edition covered. The release does not mention TRAIGA or AI. The same water-reporting push sits behind Governor Abbott’s pause on data center permits, which we covered separately.

The complaint link is still there

On November 1 the Attorney General’s Consumer AI Rights page still carries a “File An AI Complaint” link to the office’s consumer complaint portal, and the portal address answered when we checked it. The page still says the Attorney General “has exclusive authority to enforce TRAIGA” and “may issue civil investigative demands.” Two months after we reported the portal live, no public TRAIGA result has followed.

What comes next

Bills for the 90th Legislature can be filed starting Monday, November 9, 2026, and the session opens January 12, 2027, according to the Texas Legislative Council. From then on, this series will also note any filed bill that would amend TRAIGA.

The next edition is due in early December. We will re-check the Attorney General’s feed, the OpenAI case and the sources above, and say what changed if anything did.