| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the disclosure of information with regard to artificial |
|
|
intelligence. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 99, Business & Commerce Code, is amended by |
|
|
adding Chapter 2003 to read as follows: |
|
|
CHAPTER 2003. DISCLOSURES RELATED TO ARTIFICIAL INTELLIGENCE |
|
|
Sec. 2003.001. DEFINITION. In this chapter, "artificial |
|
|
intelligence" means a machine-based system that: |
|
|
(1) when given a set of objectives by an individual, |
|
|
makes predictions, recommendations, or decisions that influence a |
|
|
real or virtual environment; and |
|
|
(2) uses inputs from an individual or machine to: |
|
|
(A) perceive or interpret a real or virtual |
|
|
environment; |
|
|
(B) use automation to analyze a perception or |
|
|
interpretation of a real or virtual environment; or |
|
|
(C) use models to infer or form opinions on |
|
|
information or a proposed action. |
|
|
Sec. 2003.002. APPLICABILITY OF CHAPTER. (a) This chapter |
|
|
applies only to a person who: |
|
|
(1) uses artificial intelligence to provide services |
|
|
to an individual in this state, including: |
|
|
(A) answering questions; |
|
|
(B) gathering information; |
|
|
(C) summarizing information; |
|
|
(D) generating textual, audio, or visual |
|
|
material; or |
|
|
(E) providing information to be used in |
|
|
connection with a lending, underwriting, risk assessment, |
|
|
investing, or hiring decision; and |
|
|
(2) generated, or is more than 25 percent owned by a |
|
|
person who generated, at least $100 billion in total revenue, |
|
|
including revenue generated by subsidiaries, according to |
|
|
generally accepted accounting principles. |
|
|
(b) Artificial intelligence is considered to be used to |
|
|
provide a service to an individual under Subsection (a)(1) |
|
|
regardless of whether the individual can directly access the |
|
|
artificial intelligence. |
|
|
Sec. 2003.003. DUTY TO DISCLOSE ARTIFICIAL INTELLIGENCE |
|
|
INFORMATION. (a) A person regulated by this chapter shall |
|
|
disclose, on the person's Internet website or in another location |
|
|
electronically accessible by an individual in this state: |
|
|
(1) the name of each artificial intelligence model |
|
|
used by the person; |
|
|
(2) a brief description of the functions and purposes |
|
|
of each model disclosed under Subdivision (1); |
|
|
(3) to the best of the person's knowledge and belief, |
|
|
the name of each public or private third party that has provided |
|
|
input on an artificial intelligence model that the person has |
|
|
implemented; |
|
|
(4) a description of the specific input provided by |
|
|
each third party disclosed under Subdivision (3); and |
|
|
(5) any changes made to an artificial intelligence |
|
|
model based on input provided by a third party disclosed under |
|
|
Subdivision (3). |
|
|
(b) An individual who uses a service described by Section |
|
|
2003.002(a)(1) who provides input on an artificial intelligence |
|
|
model is not considered a third party for purposes of this section |
|
|
if the individual's input was provided: |
|
|
(1) in the individual's personal capacity; and |
|
|
(2) based on the individual's own experience as a user |
|
|
of that service. |
|
|
Sec. 2003.004. DISCRIMINATION AND RETALIATION PROHIBITED. |
|
|
A person may not discipline, retaliate against, or otherwise |
|
|
discriminate against an individual who in good faith reports a |
|
|
suspected violation of this chapter to the attorney general or any |
|
|
other appropriate authority. |
|
|
Sec. 2003.005. COOPERATION WITH ATTORNEY GENERAL. A person |
|
|
shall allow the attorney general to access the records of the person |
|
|
to the extent necessary to ensure the person is in substantial |
|
|
compliance with this chapter. |
|
|
Sec. 2003.006. ENFORCEMENT. (a) A violation of this |
|
|
chapter is a deceptive trade practice under Subchapter E, Chapter |
|
|
17, and is actionable under that subchapter. |
|
|
(b) The attorney general may issue reports to the governor, |
|
|
the legislature, or any other federal, state, or local government |
|
|
official regarding any information obtained investigating a person |
|
|
under this chapter or enforcing a provision of this chapter. |
|
|
(c) A report under Subsection (b) may be public or |
|
|
confidential. |
|
|
(d) The remedies under this section are cumulative of other |
|
|
remedies provided by law. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |