Legislative Blog

J.B. Williams, J.D.


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A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

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Blog Summary

HB 2060 - Steps to review potential or existing artificial intelligence systems, and whether they are a good idea or not. This is not an in general decision.



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A bill that modifies the Government Code

Published: 2024-04-30

HB 2060

Creation of the artificial intelligence advisory council

An algorithm is defined as a computerized procedure consisting of steps used to accomplish a determined task. Artificial intelligence systems are systems that are capable of:

  1. perceiving an environment through data acquisition and processing, and interpreting the information to take action(s) or to imitate intelligent behavior given a specific goal; and
  2. learning and adopting by analyzing how the environment is affected by actions taken

An automated decision system is an algorithm that uses data-based analytics to make or support governmental decisions, judgements or conclusions. An automated final decision system means one that makes final decisions, judgement or conclusions without human intervention. Automated support decision system means a system that provide information to inform the final decision, judgement or conclusion of a human decision maker. Council means the artificial intelligence advisory council.

The council will be 7 members:

  1. 1 member of the senate appointed by the lieutenant governor (co-chair);
  2. 1 member of the house appointed by the speaker of the house (co-chair);
  3. the executive director or their designes; and
  4. 4 members appointed by the governor:
    • an academic professional specializing in ethics;
    • an academic professional specializing in artificial intelligence systems;
    • an expert on law enforcement usage of artificial intelligence systems; and
    • an expert in constitutional and legal rights

A member of the council is not entitled to compensation or reimbursement for expenses. The department will provide administrative support. They shall meet at the call of the co-chairs. They may meet in person or by telephone conference via phone, videoconference, or other similar telecommunications method.

They shall study and monitor artificial intelligence systems developed, employed, or procured by state agencies. They 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, including review of:
    • the effect of the automated decision systems on the constitutional or legal rights, duties, or privileges of residents of Texas; and
    • potential benefits, liabilities, or risks that Texas could incur as a result of implementing the automated decision systems;
  3. recommend administrative actions that state agencies may take without further legislative authorization

On or before 12/1/24, the council must submit a report that includes:

  1. a summary of the council's findings after reviewing the reports;
  2. summary of the recommendations;
  3. an assessment of the impact of using artificial intelligence systems on the liberty, finances, livelihood, and privacy interest of the residents of Texas;
  4. recommendations necessary to protect the privacy and interests of the residents of Texas from any diminution caused by using artificial intelligence systems and ensure the residents of Texas are free from unfair discrimination caused or compounded by the employment of artificial intelligence systems in state government;
  5. promote workforce knowledge of artificial intelligence technology in state government;
  6. any other information the council considers relevant

On or before 7/1/24 each agency in the executive and legislative branch of the state government shall submit an inventory report of all automated decision systems that are being developed, employed or procured by the agency. For each system, the inventory report must include a description:

  1. name and vendor of the system, if any;
  2. the automated decision system's general capabilities, including:
    • reasonably foreseeable capabilities outside the proposed use; and
    • where it can or may be used for independent decision-making powers and the impact of those decisions on the residents of Texas;
  3. types of data inputs the technology uses;
  4. how the data is generated, collected and processed;
  5. types of data the system is reasonably likely to generate;
  6. if the automated system was tested by an independent third party or is untested for bias;
  7. the purpose and use of the system, including:
    • whether it is a final decision system or a support decision system; and
    • the decisions the systems will be used to make or support;
    • the intended benefits of the system;
  8. how data is securely sored and processed, and whether the agency intends to share access to the system or data with another entity, and if so, why;
  9. the information technology fiscal impacts of the system, including:
    • initial acquisition costs;
    • ongoing operating costs;
    • cost savings that would be achieved through using the technology; and
    • current or potential funding sources

No later than 3/1/24, the council shall prescribe the form, contents, and manner of submission of the systems report. Each agency shall submit a report to the department, council, and standing committees in the house and senate.

This section expires 1/1/25

 


J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.


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