Living Resource
Texas AI Law Tracker
The current state of AI law affecting Texas — status, deadlines, how Texas compares, and what’s next.
Last updated: November 1, 2026 · For the wider picture — capital, government, and research — see The State of AI in Texas.
TRAIGA (Texas)
In effect
Effective Jan 1, 2026 · HB 149, signed Jun 22, 2025
TX AG complaint portal
Live
Accepting AI complaints: verified Aug 31, 2026, ahead of the Sep 1 statutory deadline. The AG’s Consumer AI Rights page still links to it on Nov 1, 2026.
Reported enforcement actions
0
No publicly reported TRAIGA actions or CIDs as of Nov 1, 2026, when the AG’s press releases through Oct 31 were re-checked. The AG’s Oct 23 suit against OpenAI is brought under the DTPA and the SCOPE Act, not TRAIGA. Unannounced investigations would not appear here.
Enforcement watch: we track publicly reported TRAIGA enforcement. None had been reported as of November 1, 2026, when we re-checked the Attorney General's press releases dated through October 31. The AG's October 23 suit against OpenAI rests on other statutes, not TRAIGA. Investigations and civil investigative demands are not necessarily announced, so this is a count of what is public, not proof that nothing is happening. The AG's online AI complaint mechanism is live. Latest count: TRAIGA Enforcement Watch, October 2026 · The Texas AG's AI Complaint Portal Is Live
Machine-readable: reuse this data via tracker.json or tracker.csv — with attribution to Texas AI Report.
What’s next — upcoming deadlines
| Date | What happens | Who it affects |
|---|---|---|
| Dec 2, 2026 | EU AI Act: new Article 5 prohibitions on AI systems that generate non-consensual intimate imagery or child sexual abuse material apply, and generative systems placed on the EU market before Aug 2, 2026 must meet the Art. 50(2) marking duty | Texas providers and deployers of generative AI offered in the EU |
| Jan 1, 2027 | Colorado SB 26-189 (disclosure + consumer rights) takes effect (CO AG enforcement on hold under a stipulated order in xAI v. Weiser until 14 days after a preliminary-injunction ruling) | Covered ADMT across 7 domains |
| Dec 2, 2027 | EU AI Act — Annex III stand-alone high-risk obligations (deferred from Aug 2, 2026 by Reg. (EU) 2026/1744) | Texas companies with EU operations or customers |
| Aug 2, 2028 | EU AI Act — Annex I high-risk systems embedded in regulated products (deferred from Aug 2, 2027) | Texas manufacturers shipping AI-enabled regulated products into the EU |
Texas vs. Colorado vs. EU — at a glance
| Dimension | TRAIGA (Texas) | Colorado SB 26-189 | EU AI Act |
|---|---|---|---|
| Effective date | Jan 1, 2026 | Jan 1, 2027 | Phased: Feb 2025–Aug 2028 (high-risk deferred by Reg. (EU) 2026/1744) |
| Framework | Prohibition-based (intent required) | Disclosure + consumer rights | Risk-based tiered |
| Enforcer | TX AG (plus licensing-agency sanctions, § 552.106) | CO AG | National authorities + EU AI Office |
| Private right of action | No | No | No (complaint mechanism only) |
| Disclosure duties | Gov agencies + healthcare only | All covered ADMT in 7 domains | Varies by risk tier |
| Impact assessments | No | No (eliminated) | Yes (high-risk systems) |
| NIST framework defense | Yes: no liability for a violation found by an internal review that substantially complies with NIST AI RMF: Generative AI Profile or another recognized framework (§ 552.105(e)) | No | No |
| Max penalty | $200,000 / uncurable violation | Deceptive trade practice under the Colorado Consumer Protection Act; 60-day cure until 2030 | €35M or 7% global revenue |
Full analysis: Texas, Colorado, and the EU Just Diverged on AI Law.
TRAIGA penalty tiers
| Violation type | Civil penalty |
|---|---|
| Curable violations | $10,000–$12,000 per violation |
| Uncurable violations | $80,000–$200,000 per violation |
| Continuing violations | $2,000–$40,000 per day |
| Agency sanctions (licensed persons) | up to $100,000 |
The statute does not define curable vs. uncurable; entities have a 60-day cure window after an AG notice. Detail: TRAIGA Guide → Penalties.
Timeline
- Jun 22, 2025Gov. Abbott signs HB 149 (TRAIGA) into law.
- Dec 2025Executive Order 14365 (Dec 11, 2025) criticizes Colorado’s algorithmic-discrimination law.
- Jan 1, 2026TRAIGA takes effect in Texas.
- Apr 27, 2026In X.AI LLC v. Weiser (D. Colo. No. 1:26-cv-01515), after DOJ intervened on Apr 24, the court grants the parties’ joint motion in a minute order: the Colorado AG will not begin enforcing SB 24-205 or its 2026 replacement until 14 days after a ruling on xAI’s preliminary-injunction motion.
- May 14, 2026Gov. Polis signs SB 26-189, repealing and replacing Colorado’s AI Act. The Attorney General’s rulemaking duties take effect on signing; the rest of the act takes effect Jan 1, 2027.
- Jul 27, 2026EU Digital Omnibus on AI — Reg. (EU) 2026/1744 — enters into force, deferring the AI Act’s high-risk obligations.
- Aug 2, 2026EU AI Act Article 50 transparency obligations take effect. Annex III high-risk obligations do NOT — deferred to Dec 2, 2027.
- Aug 31, 2026Texas AG’s online AI complaint mechanism verified live, ahead of the Sep 1 statutory deadline.
- Sep 1, 2026Statutory deadline for the Texas AG complaint mechanism (already live).
- Oct 23, 2026Texas AG sues OpenAI and its CEO in Collin County under the DTPA and the SCOPE Act. The petition does not cite TRAIGA.
- Nov 9, 2026Prefiling opens for the 90th Texas Legislature (session begins Jan 12, 2027).
- Dec 2, 2026EU AI Act: new Article 5 prohibitions on AI systems that generate non-consensual intimate imagery or child sexual abuse material apply (added by Reg. (EU) 2026/1744).
- Jan 1, 2027Colorado SB 26-189 takes effect (CO AG enforcement on hold under a stipulated order in xAI v. Weiser until 14 days after a preliminary-injunction ruling).
- Dec 2, 2027EU AI Act Annex III stand-alone high-risk obligations apply.
Primary sources
- HB 149 (TRAIGA), enrolled text — Texas Legislature
- HB 149 bill history — Texas Legislature
- Consumer AI Rights — Texas Attorney General
- Texas Attorney General news releases
- SB26-189 — Colorado General Assembly
- X.AI LLC v. Weiser, No. 1:26-cv-01515 (D. Colo.) — CourtListener docket
- AI Act regulatory framework — European Commission
- AI Act Article 113, entry into force and application (as amended) — AI Act Service Desk
- AI Act Article 99, penalties — AI Act Service Desk
- Executive Order 14365 — Federal Register
Our reporting
- TRAIGA: A Plain-English Guide
- Texas, Colorado, and the EU Just Diverged on AI Law
- Does TRAIGA Apply to Your Business?
- Texas Enacts One of the Nation’s First Comprehensive AI Laws
- TRAIGA Is Six Months Old. No Publicly Reported Enforcement Actions
- What Texas’s AI Regulatory Sandbox Offers Builders
- The Texas AG’s AI Complaint Portal Is Live
- TRAIGA Enforcement Watch, August 2026: Still No Publicly Reported Actions
- TRAIGA Enforcement Watch, September 2026: No Publicly Reported Actions
- TRAIGA Enforcement Watch, October 2026: The AG Sued OpenAI, but Not Under TRAIGA
- EU High-Risk AI Deadlines Deferred to 2027
Statutory facts on this tracker were re-checked against the primary sources above on November 1, 2026. It is analysis and commentary, not legal advice. Spotted something out of date? editor@texasaireport.com.