H.B. No. 2060
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 is not entitled to compensation
or reimbursement for expenses.
(d) The department shall provide administrative support for
the council.
(e) The council shall meet at the call of the co-chairs. The
council may meet in person or by telephone conference call,
videoconference, or another similar telecommunication method.
Notwithstanding Chapter 551 or any other law, a meeting held by
telephone conference call, videoconference, or another similar
telecommunication method is subject to the requirements of Sections
551.125(c), (d), (e), and (f).
(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 workforce knowledge of artificial
intelligence technology and 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 March 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2060 was passed by the House on April
20, 2023, by the following vote: Yeas 137, Nays 10, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2060 was passed by the Senate on May
24, 2023, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor