Topic
Federal and Multistate Rules
Federal statutes that already govern AI use in Texas, the federal preemption effort, and the out-of-state laws that reach Texas companies.
Law checked through
Short Answer
Congress has not passed a general AI statute, but federal laws of general application already reach AI: the Federal Trade Commission (FTC) Act’s ban on deceptive and unfair practices, the Telephone Consumer Protection Act (TCPA)’s limits on artificial-voice calls, the employment discrimination statutes, the Fair Credit Reporting Act, the Equal Credit Opportunity Act, the Children’s Online Privacy Protection Act (COPPA) and the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act (TAKE IT DOWN Act). Executive Order 14365 directs federal agencies to challenge state AI laws the administration considers burdensome, but an executive order does not repeal a state statute; the Texas Responsible Artificial Intelligence Governance Act (TRAIGA) remains in force unless Congress or a court displaces it. Texas companies that sell or hire outside Texas may also be subject to other states’ AI laws, such as Colorado’s amended AI Act and California’s automated decisionmaking rules, and EU companies’ customers may bring EU AI Act duties into contracts.
Key Authorities
Guides
Federal Preemption and State AI Laws
What the federal government has done to limit state AI laws, and why TRAIGA still applies today.
Federal Laws That Apply to AI Use
The federal statutes that already govern AI use in Texas, and why a change in agency policy does not by itself change the statute.
Other States and the EU: AI Laws That Reach Texas Companies
The out-of-state AI laws most likely to reach a Texas company, and the dates that matter.
Insights
The FTC’s Proposed Policy Statement on AI Accuracy
The Federal Trade Commission (FTC) proposed a statement on how Section 5 applies to suppressing accuracy in AI systems, with implications for state laws.
Federal AI Hiring Priorities Changed; Title VII Still Applies
Executive Order 14281 changes federal enforcement priorities without removing Title VII’s disparate-impact provision.
TAKE IT DOWN Act Platform Duties Are Now Enforceable
Covered platforms must remove nonconsensual intimate images, including AI forgeries, within 48 hours of a valid request.