In a landmark move to keep Texas law aligned with rapidly evolving technology, state legislators have passed their first artificial intelligence (AI) legislation of the session, sending House Bill 581 to Governor Greg Abbott’s desk on Thursday. The bill targets a growing concern: AI-generated sexually explicit content.
HB 581 mandates that AI platforms and websites capable of creating sexually explicit images verify that both users and the subjects depicted are of legal age. Importantly, it also requires that any individual used as a source in AI-generated images must have given explicit consent.
This action follows earlier Senate passage of SB 20, which criminalizes the possession of AI-generated child sexual abuse material. Both bills, unless vetoed, will become law in September — marking a significant step in Texas’ efforts to protect privacy and safety in the age of AI.
Rising Tide of AI Legislation
This legislative session saw an unprecedented focus on AI, with at least 68 related bills filed. Among them are:
HB 1265, aiming to regulate the use of AI in mental health services,
HB 1709, dubbed the Texas Responsible Artificial Intelligence Governance Act (TRAIGA), which outlines ethical AI deployment and accountability mechanisms.
While only HB 581 and SB 20 have been passed by both chambers, momentum continues to build around several other proposals.
Bills Awaiting Senate Action
One notable bill that passed the House but stalled in the Senate is HB 366, which would require political candidates, PACs, and campaigns to disclose the use of AI-generated images in advertising. The bill has not been assigned to a Senate committee since its House passage on April 30.
HB 2298, a proposal to create a grant program for developing cancer-detecting AI, met a similar fate after clearing the House on May 8.
Twelve bills remain in House committees, including HB 421, another measure focused on preventing the creation of nonconsensual AI-generated explicit content. These bills must be reported out of committee by Sunday to remain viable. Senate committees have until May 28.
What’s Still Moving Forward?
Several AI bills are still alive and scheduled for potential floor votes:
In the Senate:
HB 149, which targets bad-faith uses of AI and allows individuals to sue if their likeness or voice is used without consent;
HB 449, which would include AI-generated sexually explicit images under the existing crime of unlawful production of explicit materials.
These measures must pass by May 28 to become law.
In the House:
Three bills are scheduled for floor consideration, while four Senate-originated bills — SBs 22, 441, 1964, and 2373 — await placement on the calendar.
Other significant Senate bills include:
SB 815, which would prevent insurers from using AI algorithms to make claims decisions;
SB 1188, requiring healthcare providers to disclose the use of AI in electronic health records, particularly in relation to a patient's biological sex;
SB 1621, addressing the criminal prosecution of AI-generated child sexual abuse material (CSAM).
A State Playing Catch-Up
Texas’ sudden burst of legislative activity reflects a broader trend: the law is playing catch-up with fast-moving advancements in artificial intelligence. From political manipulation to healthcare, lawmakers are attempting to set clear boundaries for how AI can — and cannot — be used.
As Gov. Abbott considers whether to sign the passed legislation, all eyes will be on which of the remaining proposals can make it through the legislative maze before session deadlines close.
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