By: Capriglione H.B. No. 2060
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the artificial intelligence advisory
  council.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2054, Government Code, is amended by
  adding Subchapter S to read as follows:
  SUBCHAPTER S. ARTIFICIAL INTELLIGENCE ADVISORY COUNCIL
         Sec. 2054.621.  DEFINITIONS. In this subchapter:
               (1)  "Algorithm" means a computerized procedure
  consisting of a set of steps used to accomplish a determined task.
               (2)  "Artificial intelligence systems" means systems
  capable of:
                     (A)  perceiving an environment through data
  acquisition and processing and interpreting the derived
  information to take an action or actions or to imitate intelligent
  behavior given a specific goal; and
                     (B)  learning and adapting behavior by analyzing
  how the environment is affected by prior actions.
               (3)  "Automated decision system" means an algorithm,
  including an algorithm incorporating machine learning or other
  artificial intelligence techniques, that uses data-based analytics
  to make or support governmental decisions, judgments, or
  conclusions.
               (4)  "Automated final decision system" means an
  automated decision system that makes final decisions, judgments, or
  conclusions without human intervention.
               (5)  "Automated support decision system" means an
  automated decision system that provides information to inform the
  final decision, judgment, or conclusion of a human decision maker.
               (6)  "Council" means the artificial intelligence
  advisory council established under this subchapter.
               (7)  "Public or private institution of higher
  education" means:
                     (A)  an institution of higher education, as
  defined by Section 61.003, Education Code; or
                     (B)  a private or independent institution of
  higher education, as defined by Section 61.003, Education Code.
         Sec. 2054.622.  ARTIFICIAL INTELLIGENCE ADVISORY COUNCIL.
  (a) The council is composed of the following seven members:
               (1)  one member of the house of representatives
  appointed by the speaker of the house of representatives;
               (2)  one member of the senate appointed by the
  lieutenant governor;
               (3)  the executive director or the executive director's
  designee; and
               (4)  the following four members appointed by the
  governor:
                     (A)  an academic professional specializing in
  ethics who is employed by a public or private institution of higher
  education;
                     (B)  an academic professional specializing in
  artificial intelligence systems who is employed by a public or
  private institution of higher education;
                     (C)  an expert on law enforcement usage of
  artificial intelligence systems; and
                     (D)  an expert in constitutional and legal rights.
         (b)  The council members appointed under Subsections (a)(1)
  and (2) shall serve as co-chairs of the council.
         (c)  A member of the council may not receive compensation for
  serving on the council but is entitled to reimbursement for
  expenses incurred by the member in the performance of official
  duties as a member of the council as provided by the General
  Appropriations Act.
         (d)  The department shall provide administrative support for
  the council.
         (e)  The council shall meet at the call of the co-chairs.
         (f)  The council shall study and monitor artificial
  intelligence systems developed, employed, or procured by state
  agencies. In carrying out its duties under this section, the
  council shall:
               (1)  assess the need for a state code of ethics for
  artificial intelligence systems in state government;
               (2)  review automated decision systems inventory
  reports submitted by state agencies under Section 2054.623,
  including a review of:
                     (A)  the effect of the automated decision systems
  on the constitutional or legal rights, duties, or privileges of the
  residents of this state; and
                     (B)  the potential benefits, liabilities, or
  risks that this state could incur as a result of implementing the
  automated decision systems; and
               (3)  recommend administrative actions that state
  agencies may take without further legislative authorization.
         (g)  Not later than December 1, 2024, the council shall
  submit a report to the legislature that includes:
               (1)  a summary of the council's findings after
  reviewing the automated decision systems inventory reports
  submitted under Section 2054.623;
               (2)  a summary of the recommendations of any relevant
  national bodies on artificial intelligence systems in state
  government;
               (3)  an assessment of the impact of using artificial
  intelligence systems in state government on the liberty, finances,
  livelihood, and privacy interests of the residents of this state;
               (4)  recommendations of any policies necessary to:
                     (A)  protect the privacy and interests of the
  residents of this state from any diminution caused by employment of
  artificial intelligence systems by state government;
                     (B)  ensure that the residents of this state are
  free from unfair discrimination caused or compounded by the
  employment of artificial intelligence systems in state government;
  and
                     (C)  promote the development of ethical
  artificial intelligence systems in state government; and
               (5)  any other information that the council considers
  relevant.
         Sec. 2054.623.  AUTOMATED DECISION SYSTEMS INVENTORY
  REPORT. (a) Not later than July 1, 2024, each agency in the
  executive and legislative branches of state government, using money
  appropriated to the agency by this state, shall submit an inventory
  report of all automated decision systems that are being developed,
  employed, or procured by the agency. For each automated decision
  system, the inventory report must include a description of:
               (1)  the name and vendor of the automated decision
  system, if any;
               (2)  the automated decision system's general
  capabilities, including:
                     (A)  reasonably foreseeable capabilities outside
  the scope of the agency's proposed use; and
                     (B)  whether the automated decision system is used
  or may be used for independent decision-making powers and the
  impact of those decisions on the residents of this state;
               (3)  the types of data inputs that the technology uses;
               (4)  how the data described by Subdivision (3) is
  generated, collected, and processed;
               (5)  the types of data the automated decision system is
  reasonably likely to generate;
               (6)  whether the automated decision system has been
  tested by an independent third party, has a known bias, or is
  untested for bias;
               (7)  the purpose and proposed use of the automated
  decision system, including:
                     (A)  the decisions the automated decision system
  will be used to make or support;
                     (B)  whether the automated decision system is an
  automated final decision system or an automated support decision
  system; and
                     (C)  the automated decision system's intended
  benefits, including any data or research relevant to the outcome of
  those results;
               (8)  how automated decision system data is securely
  stored and processed and whether the agency intends to share access
  to the automated decision system or data from that automated
  decision system with any other entity, and why; and
               (9)  the information technology fiscal impacts of the
  automated decision system, including:
                     (A)  initial acquisition costs and ongoing
  operating costs, such as maintenance, licensing, personnel, legal
  compliance, use auditing, data retention, and security costs;
                     (B)  any cost savings that would be achieved
  through the use of the technology; and
                     (C)  any current or potential sources of funding,
  including any subsidies or free products being offered by vendors
  or governmental entities.
         (b)  Not later than January 1, 2024, the council, in
  consultation with the department, shall prescribe the form,
  contents, and manner of submission of the automated decision
  systems inventory report required under this section.
         (c)  Each agency shall submit the report required under this
  section to the:
               (1)  department;
               (2)  council; and
               (3)  standing committees of the senate and house of
  representatives with primary jurisdiction over state agency
  information technology.
         Sec. 2054.624.  COUNCIL ABOLISHED; EXPIRATION OF
  SUBCHAPTER. The council is abolished and this subchapter expires
  January 1, 2025.
         SECTION 2.  (a) As soon as practicable after the effective
  date of this Act but not later than October 1, 2023, the appropriate
  appointing authorities shall appoint the members to the artificial
  intelligence advisory council as required by Section 2054.622,
  Government Code, as added by this Act.
         (b)  Not later than November 1, 2023, the advisory council
  established under Subchapter S, Chapter 2054, Government Code, as
  added by this Act, shall hold its initial meeting.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.