AI – Artificial Intelligence Liability

 

TCJL Comments on AI Bill Draft

 


Rep. Gio Capriglione: Announcement of Draft AI Regulatory Bill – Input Invited

October 28, 2024

Dear Stakeholders,

After extensive effort and collaboration with over 300 industry experts, legislators, and dedicated staff, I am pleased to share the initial draft of Texas’ proposed artificial intelligence (AI) regulatory framework.  This bill represents months of research, analysis, and consultation with a diverse range of stakeholders, including yourselves, aiming to build an innovative yet responsible AI governance structure for Texas.

This bill is the culmination of many contributions, both internal and informed by precedent-setting policies from other legislative bodies.  Our work has sought to adapt best practices into a uniquely Texan framework that balances Texas’ commitment to fostering innovation while safeguarding fundamental rights and ensuring ethical AI deployment.

In broad terms, the proposed legislation will establish standards and safeguards to prevent algorithmic discrimination, protect user data, and promote transparency.  Key features include a risk-based model for AI systems, strong protections against unacceptable use, transparency requirements, provisions to combat bias in automated decision-making, and a regulatory sandbox.  Notably, the bill exempts low-risk AI systems and small businesses from burdensome requirements, ensuring Texas remains a friendly environment for innovation.

With this draft, we invite you to provide feedback to help us fine-tune a regulatory approach that meets the diverse needs of Texas industries, consumers, and developers.  Please review the attached bill and provide feedback by Monday, November 18th.  Join us for the next stakeholder meeting, where we look forward to a robust discussion on this important legislation on Friday, November 22nd at 1:00pm in the Capitol Auditorium.  Please RSVP here.  RSVPs by email will not be accepted.

Sincerely,

Giovanni Capriglione
State Representative
District 98

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This week, Chief Justice Nathan Hecht referred nine rule issues to the Supreme Court Advisory Committee (SCAC), including two items of particular interest to TCJL members.  Consistent with SCAC’s rules and processes, the issues will be referred to a subcommittee for review and recommendation.

Third Party Litigation Funding (TPLF)

In response to TCJL’s request to the Texas Supreme Court, the Supreme Court Advisory Committee (SCAC) will be reviewing the matter of Third-Party Litigation Funding (TPLF).  The request was sent from Chief Justice Nathan Hecht to SCAC’s Chairman Chip Babcock earlier today with the following instruction:

Third-Party Litigation Funding. The Court has received the attached correspondence regarding third-party litigation funding agreements. The Committee should review, advise whether the Court should adopt rules in connection with third-party litigation funding, and draft any recommended rules.

Artificial Intelligence (AI)

The TCJL Task Force on AI will follow this rule process closely, and TCJL will host a CLE on AI on November 7, 2024, in conjunction with our 38th Annual Meeting in Austin.

Artificial Intelligence. The State Bar of Texas’s Taskforce for Responsible AI in the Law has issued the attached interim report recommending potential changes to Texas Rule of Civil Procedure 13 and Texas Rule of Evidence 901. The Committee should review, advise whether such amendments are necessary or desirable to account for artificial intelligence, and draft any recommended amendments.

The referral letter, including all nine issues and related attachments, appears below.  Please stay tuned for updates and relevant TCJL meeting notices, and please contact our office if you would like to participate in the AI or TPLF workgroups.  TCJL staff can be reached at info@tcjl.com or 512-320-0474.

SCAC Referral July 2024

May 14, 2024
AI Stakeholder Meeting Hosted by Representative Gio Capriglione

Gio - AI Stakeholder Mtg 5-14-24

January 22, 2024
AI Letter from Representative Gio Capriglione

AI RFP_RFI Letter 1-22-24

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