Texas DIR Board Adopts Statewide AI Ethics and Data Governance Rules

The Texas Department of Information Resources (DIR) board has enacted significant regulatory updates, establishing a comprehensive framework for artificial intelligence, data governance, and digital accessibility across state agencies and higher education. Central to these changes is the adoption of a new Texas Administrative Code Chapter 219 subchapter for AI, a mandate stemming from Senate Bill 1964. This subchapter introduces a statewide AI code of ethics and minimum standards for the procurement, development, deployment, and utilization of AI systems, particularly those requiring "heightened scrutiny." The framework is built upon seven core principles: human oversight, fairness, accuracy, redress, transparency, privacy, and security. These principles are directly linked to operational expectations, requiring agencies to document and manage aspects such as staff training for output validation, controls for sensitive data input, transparency in AI interactions, and processes for individuals to seek redress from AI-driven decisions. Public comments were incorporated, leading to non-substantive clarifications.

Concurrently, the DIR board approved amendments to Texas Administrative Code Chapter 218, which governs data governance and management. These updates redefine the data maturity assessment for state agencies and institutions of higher education, positioning it as a distinct report separate from information security assessments. This change aims to standardize the assessment tool, enabling more consistent statewide data governance information collection and reporting. For higher education, the rule explicitly removes language that previously conflated the data maturity assessment with information security standards.

Furthermore, DIR voted to propose amendments to Texas Administrative Code Chapter 213, concerning Electronic and Information Resources accessibility. The objective is to align state rules with the federal Department of Justice’s Title II accessibility rules and consolidate responsibilities into a single state rule set. This includes a discussion about renaming the agency accessibility coordinator role to Digital Accessibility Officer, without altering core responsibilities. These proposed amendments will undergo a 30-day public comment period before potential adoption.

The meeting also touched upon ongoing efforts related to House Bill 5195 website modernization and the transition of statewide cyber functions to Texas Cyber Command. DIR staff are actively aligning operational processes, reviewing cyber-related contracts, and adjusting rulemaking to support this transition, with a focus on maintaining uninterrupted service. A memorandum of understanding for the transition has been signed, authorizing the transfer of 46 full-time equivalent positions, with 31 already filled. The board also reaffirmed Tony Sauerhoff's appointment as interim executive director and state chief information officer. These multifaceted regulatory and operational shifts underscore Texas's proactive approach to governing emerging technologies and digital infrastructure within its public sector.