If you’ve been ignoring AI laws because they felt like someone else’s problem, like AB 316, it’s time to pay attention. As of January 1, 2026, the Texas Responsible AI Governance Act (TRAIGA) is officially in effect.
Even if you aren’t sitting in a coffee shop in Austin, this matters. The law applies to anyone who "produces a product or service used by residents of Texas." Since it’s hard to geofence a web app to skip one specific state, this is effectively a new national standard you need to keep on your radar.
Or completely ban Texas, as that is still an option I would imagine.
1. It’s All About "Intent"
For most of us writing "trivial" code or using Copilot to speed up a service, the best part of TRAIGA is its focus on intent. The law isn't looking to punish you for an accidental bug or a hallucination in your code. It specifically prohibits developing or deploying AI with the intent to:
- Encourage self-harm or criminal activity.
- Produce unlawful deepfakes or child exploitation material.
- Violate someone’s federal or state constitutional rights.
In short: If you aren't trying to build something malicious, you’re likely in the clear.
2. The 60-Day "Fix-It" Window
One of the most developer-friendly parts of the law is the 60-day cure period. If the Texas Attorney General determines your software has violated the act, they have to send you a written notice first.
You then have 60 days to "cure" the violation (patch the code, change the model, or add guardrails) before they can bring an enforcement action.
For an independent developer, this is a huge safety net. It means you have a two-month window to fix a problem before the fines start flying.
3. The "Sandbox" Hall Pass
If you’re building something experimental though, like a new way to handle healthcare data or a unique predictive algorithm, Texas has created a Regulatory Sandbox.
You can apply to test your AI system for up to 36 months in a "controlled environment."
While in the sandbox, you’re shielded from many state-level penalties as long as you're reporting your progress and feedback to the state. It’s basically a "safe zone" for innovation.
4. Your Ultimate Defense: NIST Compliance
If you want a "get out of jail free" card, TRAIGA offers a safe harbor for anyone who "substantially complies" with recognized standards like the NIST AI Risk Management Framework.
If you can show that you followed a standard safety process while building your app, it creates a "rebuttable presumption" that you acted with reasonable care.
Last words
When we hear "regulation" and "enforcement", most people tend to panic. But most of these new AI laws coming out are essentially just reinforcing things that were already not allowed in the digital world.
TRAIGA isn't asking you to stop innovating. It's asking you to not be a jerk.
Don't build tools designed to harm people. Don't ignore basic safety practices. And if you mess up, fix it within 60 days. That's the entire law in three sentences.
Walt is a computer scientist, software engineer, startup founder and previous mentor for a coding bootcamp. He has been creating software for the past 20 years.
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