Editor’s Note: a guest post by Frank Corte, Jr., who served in the Texas House from 1993-2011 and is a graduate of Texas A&M University and the Army War College. Corte also served as a Second Lieutenant in the U.S. Marine Corps.

While other state legislatures press forward with artificial intelligence legislation amid inaction from Congress, the Texas Responsible Artificial Intelligence Governance Act (TRAIGA) is already in effect. Our targeted approach protects individual rights and privacy without sacrificing innovation. This is the balance I believe Congress must strike when crafting a national AI policy, which is urgently needed. But let’s start with what we’ve done in Texas.

TRAIGA aims to prohibit intentional discriminatory, manipulative, and other harmful uses of AI systems by creating a broad framework for AI development, deployment, and oversight. The list of prohibited AI practices includes unlawful discrimination, behavioral manipulation, and unlawful content. 

The law also protects privacy rights. Government agencies are prohibited from deploying AI to uniquely identify individuals using fingerprints, iris scans, or other biometric data without informed consent. Crucially, law enforcement is one of the exceptions, and no AI systems may be developed or deployed in our state with the sole intention of infringing upon rights guaranteed by the U.S. Constitution.

Although these are the types of commonsense guardrails that I believe Congress should be considering, a recent disagreement between the Department of War and AI company Anthropic has heightened the debate around AI regulation in Washington. When the Pentagon asked for unfettered access to Anthropic’s systems, the company sought two exceptions: that its technology not be used for the mass surveillance of Americans or fully autonomous weapons. DOW made clear it disagreed with Anthropic’s stance, and the legal battle is still ongoing.  

We know AI brings benefits, but it also brings risks — and the risks of using AI for these two applications are Texas-sized. Mass domestic AI surveillance by the federal government would violate Americans’ privacy rights under the Fourth Amendment, and fully autonomous weapons could result in a deadly mistake with international consequences.

These use cases are just two examples of why policymakers need to be having tough conversations about how to properly deploy this generational technology. The White House’s recently released AI Framework is certainly a step in the right direction, but our window for action is closing. Will Congress step up to the plate and finish the job?

Meanwhile, there has been no indication that state AI regulations have hindered American interests, and AI technology continues to play a prominent role in U.S. military operations in Iran, identifying and prioritizing targets. In short, neither competitiveness nor innovation are being stymied by AI guardrails. The United States remains the global AI leader, outpacing peer nations on research and development, economic activity, and underlying AI infrastructure. As is our way, Texas is playing a big role.

I have watched our state become a top global hub for the AI industry, home to more than 400 data centers with 70 additional sites in development. We are projected to become the world’s leading data center hub by 2030 — propelled by an AI-powered infrastructure boom that is expected to inject about $3 trillion into the global sector. 

Texas’ economy is seeing the impact, as the AI sector contributed $3.5 billion in state and local tax revenue in 2023. We are also one of the leading states for AI jobs, with 27% growth expected over the next decade.

It’s a time for choosing, as President Reagan said: Congress can choose to remain on its current, passive path, or it can choose to take action that encourages economic growth, protects American values, and advances U.S. leadership around the world. That’s the route Texas is heading down, and it’s about time for others to follow our lead.