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NetChoice Testimony in Opposition to Texas HB 149, the Texas Responsible AI Governance Act

NetChoice submitted testimony to the Texas House’s Committee on Delivery of Government Efficiency on HB 149, the Texas Responsible AI Governance Act (TRAIGA). A few portions of the bill are unobjectionable, such as preventing governmental abuse of AI systems and provision narrowly-focused on targeting child sexual abuse material.

However, it has a few fatal flaws. HB 149 attempts to re-litigate viewpoint-based content moderation in the same way as Texas HB 20, subject of the recent NetChoice Supreme Court victory in Moody v. NetChoice/NetChoice v. Paxton, which established the NetChoice Doctrine.

Further, its unclear definition of “intent” would expose developers and deployers of AI systems to liability for the illegal outputs prompted by users.

Finally, it would contributing to a growing state-by-state patchwork of AI laws that would stall innovation while the Trump administration is still working on fleshing out an America First approach to federal AI policy.