But that\u2019s where it stops. TRAIGA doesn\u2019t address AI tools used to unethically shape wage bargaining, and it doesn\u2019t require employers to tell workers when AI played a role in a termination or staffing decision.<\/p>\n
Johnson\u2019s Workplace AI Plan <\/p>\n
Johnson\u2019s plan, which you can find here<\/a>, takes direct aim at those two gaps. \u201cThe laws designed to protect Texans must keep pace with advances in technology and marketing innovation,\u201d he says. In his opening month in office, Johnson says he will \u201cconduct a systematic and comprehensive audit of existing\u2026employment laws to determine where the law falls short of what\u2019s needed to protect\u2026workers from exploitation.\u201d<\/p>\n Johnson acknowledges that the existing TRAIGA law bars discriminatory use of AI in hiring and firing decisions, but specifically calls out that:<\/p>\n it does not address the predatory use of AI to unethically manipulate wage bargaining; Open Question: How Far Could He Go?<\/p>\n Republicans are strongly expected to retain both chambers of the Texas Legislature in 2026, even if Democrats benefit from an unusually favorable statewide environment this November. This raises the question: could Johnson implement his plan without the help of lawmakers who would almost certainly be hostile to blue-state-style AI regulation?<\/p>\n TRAIGA relies on the Attorney General as the single enforcer. So, a change in who holds that office could determine how aggressively AI rules get enforced and potentially expanded in Texas. But the question of how far he could shape broad regulations given the limited scope of TRAIGA is up in the air, and he would probably face litigation from business groups if he tries to push too far.<\/p>\n Johnson says he doesn\u2019t want to lead the charge alone, however. He says he will \u201cwork with legal teams and the Legislature\u201d to craft and pass new legislation that fills in the identified gaps in the law. He also says he\u2019ll establish a biannual report from the AG\u2019s Consumer Protection Division on technological advances and other changes creating vulnerabilities for employees with the goal of keeping the Legislature moving at the same pace as technology.<\/p>\n How the Race Stands<\/p>\n The race between Johnson and Middleton is close. A Texas Public Opinion Research poll<\/a> conducted July 15-17 found 39% of likely voters backing Middleton and 38% backing Johnson, with 18% undecided. Given the margin of error of \u00b13.4 points, the race is effectively a toss-up heading into the busy fall campaign season.<\/p>\n Polling indicates that the state will face two other tight statewide races \u2013 the Senate election between Democratic State Rep. James Talarico and Republican AG Ken Paxton is rated as a Toss-Up by the Cook Political Report<\/a>, and the gubernatorial election between Democratic State Rep. Gina Hinojosa and Republican incumbent Gov.\u00a0Greg Abbott\u00a0is \u201csurprisingly competitive\u201d according to The Hill<\/a>) \u2013 which could boost Johnson\u2019s chances.<\/p>\n What Should You Do Now?<\/p>\n Whether or not Johnson\u2019s specific proposals become law, here are some steps to address AI use in your workplace:<\/p>\n Document your AI\u2019s role in employment decisions. Keep records of what AI tools affect hiring, promotion, discipline, and termination decisions, and what human review looks like at each step. Conclusion<\/p>\n We\u2019ll continue to monitor developments and provide the most up-to-date information directly to your inbox, so make sure you are subscribed to\u00a0Fisher Phillips\u2019 Insight System<\/a>.\u00a0If you have questions, contact your Fisher Phillips attorney, the authors of this Insight, any attorney in\u00a0our Texas offices<\/a>, or any attorney in our\u00a0AI, Data, and Analytics<\/a> Practice Group.<\/p>\n","protected":false},"excerpt":{"rendered":"Texas AG Candidate Wants to Reshape Workplace AI Rules: Here\u2019s What it Means for Employers A candidate running…\n","protected":false},"author":2,"featured_media":417520,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[4267,145460,145461,145462,145464,145465,145466,3436,145463,102,56,145467,27,47403,29,28],"class_list":["post-417519","post","type-post","status-publish","format-standard","has-post-thumbnail","category-texas","tag-ai","tag-ai-and-employment-law","tag-ai-employment-law","tag-ai-in-recruiting-laws","tag-ai-laws","tag-ai-lawsuits","tag-ai-news","tag-artificial-intelligence","tag-artificial-intelligence-employment-law","tag-dallas","tag-houston","tag-latest-ai-news","tag-texas","tag-texas-ai-laws","tag-texas-headlines","tag-texas-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/417519","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/comments?post=417519"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/417519\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media\/417520"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media?parent=417519"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/categories?post=417519"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/tags?post=417519"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nit does not require employers to disclose when AI helped decide who or which position was selected for termination.<\/p>\n![\"Johnson](\"https:\/\/www.newsbeep.com\/us-tx\/wp-content\/uploads\/2026\/08\/johnson-takes-aim-at-texas-ai-law-gaps.png\")
<\/a><\/p>\n![\"Race](\"https:\/\/www.newsbeep.com\/us-tx\/wp-content\/uploads\/2026\/08\/race-for-texas-ag-appears-to-be-tight.png\")
<\/a><\/p>\n
\nBuild in human review for consequential decisions. Make sure a human with real authority to override the AI\u2019s output is part of any hiring or termination process, even where AI plays a role.
\nVet your vendors. Ask AI vendors how their tools were tested for bias and what safeguards exist against manipulative design, particularly for any tool touching compensation or bargaining. Read more here<\/a>.<\/p>\n