Texas 2023 - 88th Regular

Texas House Bill HB2060 Compare Versions

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1	1	H.B. No. 2060
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the artificial intelligence advisory
6	6	council.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 2054, Government Code, is amended by
9	9	adding Subchapter S to read as follows:
10	10	SUBCHAPTER S. ARTIFICIAL INTELLIGENCE ADVISORY COUNCIL
11	11	Sec. 2054.621. DEFINITIONS. In this subchapter:
12	12	(1) "Algorithm" means a computerized procedure
13	13	consisting of a set of steps used to accomplish a determined task.
14	14	(2) "Artificial intelligence systems" means systems
15	15	capable of:
16	16	(A) perceiving an environment through data
17	17	acquisition and processing and interpreting the derived
18	18	information to take an action or actions or to imitate intelligent
19	19	behavior given a specific goal; and
20	20	(B) learning and adapting behavior by analyzing
21	21	how the environment is affected by prior actions.
22	22	(3) "Automated decision system" means an algorithm,
23	23	including an algorithm incorporating machine learning or other
24	24	artificial intelligence techniques, that uses data-based analytics
25	25	to make or support governmental decisions, judgments, or
26	26	conclusions.
27	27	(4) "Automated final decision system" means an
28	28	automated decision system that makes final decisions, judgments, or
29	29	conclusions without human intervention.
30	30	(5) "Automated support decision system" means an
31	31	automated decision system that provides information to inform the
32	32	final decision, judgment, or conclusion of a human decision maker.
33	33	(6) "Council" means the artificial intelligence
34	34	advisory council established under this subchapter.
35	35	(7) "Public or private institution of higher
36	36	education" means:
37	37	(A) an institution of higher education, as
38	38	defined by Section 61.003, Education Code; or
39	39	(B) a private or independent institution of
40	40	higher education, as defined by Section 61.003, Education Code.
41	41	Sec. 2054.622. ARTIFICIAL INTELLIGENCE ADVISORY COUNCIL.
42	42	(a) The council is composed of the following seven members:
43	43	(1) one member of the house of representatives
44	44	appointed by the speaker of the house of representatives;
45	45	(2) one member of the senate appointed by the
46	46	lieutenant governor;
47	47	(3) the executive director or the executive director's
48	48	designee; and
49	49	(4) the following four members appointed by the
50	50	governor:
51	51	(A) an academic professional specializing in
52	52	ethics who is employed by a public or private institution of higher
53	53	education;
54	54	(B) an academic professional specializing in
55	55	artificial intelligence systems who is employed by a public or
56	56	private institution of higher education;
57	57	(C) an expert on law enforcement usage of
58	58	artificial intelligence systems; and
59	59	(D) an expert in constitutional and legal rights.
60	60	(b) The council members appointed under Subsections (a)(1)
61	61	and (2) shall serve as co-chairs of the council.
62	62	(c) A member of the council is not entitled to compensation
63	63	or reimbursement for expenses.
64	64	(d) The department shall provide administrative support for
65	65	the council.
66	66	(e) The council shall meet at the call of the co-chairs. The
67	67	council may meet in person or by telephone conference call,
68	68	videoconference, or another similar telecommunication method.
69	69	Notwithstanding Chapter 551 or any other law, a meeting held by
70	70	telephone conference call, videoconference, or another similar
71	71	telecommunication method is subject to the requirements of Sections
72	72	551.125(c), (d), (e), and (f).
73	73	(f) The council shall study and monitor artificial
74	74	intelligence systems developed, employed, or procured by state
75	75	agencies. In carrying out its duties under this section, the
76	76	council shall:
77	77	(1) assess the need for a state code of ethics for
78	78	artificial intelligence systems in state government;
79	79	(2) review automated decision systems inventory
80	80	reports submitted by state agencies under Section 2054.623,
81	81	including a review of:
82	82	(A) the effect of the automated decision systems
83	83	on the constitutional or legal rights, duties, or privileges of the
84	84	residents of this state; and
85	85	(B) the potential benefits, liabilities, or
86	86	risks that this state could incur as a result of implementing the
87	87	automated decision systems; and
88	88	(3) recommend administrative actions that state
89	89	agencies may take without further legislative authorization.
90	90	(g) Not later than December 1, 2024, the council shall
91	91	submit a report to the legislature that includes:
92	92	(1) a summary of the council's findings after
93	93	reviewing the automated decision systems inventory reports
94	94	submitted under Section 2054.623;
95	95	(2) a summary of the recommendations of any relevant
96	96	national bodies on artificial intelligence systems in state
97	97	government;
98	98	(3) an assessment of the impact of using artificial
99	99	intelligence systems in state government on the liberty, finances,
100	100	livelihood, and privacy interests of the residents of this state;
101	101	(4) recommendations of any policies necessary to:
102	102	(A) protect the privacy and interests of the
103	103	residents of this state from any diminution caused by employment of
104	104	artificial intelligence systems by state government;
105	105	(B) ensure that the residents of this state are
106	106	free from unfair discrimination caused or compounded by the
107	107	employment of artificial intelligence systems in state government;
108	108	and
109	109	(C) promote workforce knowledge of artificial
110	110	intelligence technology and the development of ethical artificial
111	111	intelligence systems in state government; and
112	112	(5) any other information that the council considers
113	113	relevant.
114	114	Sec. 2054.623. AUTOMATED DECISION SYSTEMS INVENTORY
115	115	REPORT. (a) Not later than July 1, 2024, each agency in the
116	116	executive and legislative branches of state government, using money
117	117	appropriated to the agency by this state, shall submit an inventory
118	118	report of all automated decision systems that are being developed,
119	119	employed, or procured by the agency. For each automated decision
120	120	system, the inventory report must include a description of:
121	121	(1) the name and vendor of the automated decision
122	122	system, if any;
123	123	(2) the automated decision system's general
124	124	capabilities, including:
125	125	(A) reasonably foreseeable capabilities outside
126	126	the scope of the agency's proposed use; and
127	127	(B) whether the automated decision system is used
128	128	or may be used for independent decision-making powers and the
129	129	impact of those decisions on the residents of this state;
130	130	(3) the types of data inputs that the technology uses;
131	131	(4) how the data described by Subdivision (3) is
132	132	generated, collected, and processed;
133	133	(5) the types of data the automated decision system is
134	134	reasonably likely to generate;
135	135	(6) whether the automated decision system has been
136	136	tested by an independent third party, has a known bias, or is
137	137	untested for bias;
138	138	(7) the purpose and proposed use of the automated
139	139	decision system, including:
140	140	(A) the decisions the automated decision system
141	141	will be used to make or support;
142	142	(B) whether the automated decision system is an
143	143	automated final decision system or an automated support decision
144	144	system; and
145	145	(C) the automated decision system's intended
146	146	benefits, including any data or research relevant to the outcome of
147	147	those results;
148	148	(8) how automated decision system data is securely
149	149	stored and processed and whether the agency intends to share access
150	150	to the automated decision system or data from that automated
151	151	decision system with any other entity, and why; and
152	152	(9) the information technology fiscal impacts of the
153	153	automated decision system, including:
154	154	(A) initial acquisition costs and ongoing
155	155	operating costs, such as maintenance, licensing, personnel, legal
156	156	compliance, use auditing, data retention, and security costs;
157	157	(B) any cost savings that would be achieved
158	158	through the use of the technology; and
159	159	(C) any current or potential sources of funding,
160	160	including any subsidies or free products being offered by vendors
161	161	or governmental entities.
162	162	(b) Not later than March 1, 2024, the council, in
163	163	consultation with the department, shall prescribe the form,
164	164	contents, and manner of submission of the automated decision
165	165	systems inventory report required under this section.
166	166	(c) Each agency shall submit the report required under this
167	167	section to the:
168	168	(1) department;
169	169	(2) council; and
170	170	(3) standing committees of the senate and house of
171	171	representatives with primary jurisdiction over state agency
172	172	information technology.
173	173	Sec. 2054.624. COUNCIL ABOLISHED; EXPIRATION OF
174	174	SUBCHAPTER. The council is abolished and this subchapter expires
175	175	January 1, 2025.
176	176	SECTION 2. (a) As soon as practicable after the effective
177	177	date of this Act but not later than October 1, 2023, the appropriate
178	178	appointing authorities shall appoint the members to the artificial
179	179	intelligence advisory council as required by Section 2054.622,
180	180	Government Code, as added by this Act.
181	181	(b) Not later than November 1, 2023, the advisory council
182	182	established under Subchapter S, Chapter 2054, Government Code, as
183	183	added by this Act, shall hold its initial meeting.
184	184	SECTION 3. This Act takes effect immediately if it receives
185	185	a vote of two-thirds of all the members elected to each house, as
186	186	provided by Section 39, Article III, Texas Constitution. If this
187	187	Act does not receive the vote necessary for immediate effect, this
188	188	Act takes effect September 1, 2023.
189	189	______________________________ ______________________________
190	190	President of the Senate Speaker of the House
191	191	I certify that H.B. No. 2060 was passed by the House on April
192	192	20, 2023, by the following vote: Yeas 137, Nays 10, 1 present, not
193	193	voting.
194	194	______________________________
195	195	Chief Clerk of the House
196	196	I certify that H.B. No. 2060 was passed by the Senate on May
197	197	24, 2023, by the following vote: Yeas 30, Nays 1.
198	198	______________________________
199	199	Secretary of the Senate
200	200	APPROVED: _____________________
201	201	Date
202	202	_____________________
203	203	Governor