DIR Board Adopts AI, Data and Accessibility Rules

The Department of Information Resources (DIR) Governing Board on Thursday advanced and adopted multiple rule changes expected to shape how agencies approach digital accessibility, data governance assessments and artificial intelligence oversight.

The board adopted a new Texas Administrative Code Chapter 219 subchapter governing artificial intelligence, which DIR said was required by Senate Bill 1964. DIR described the rules as governance-focused, establishing a statewide AI code of ethics and minimum standards that apply when agencies procure, develop, deploy or use artificial intelligence systems, including those subject to “heightened scrutiny.”

In outlining the framework, DIR’s code centers on seven principles — human oversight, fairness, accuracy, redress, transparency, privacy and security — and ties those principles to operational expectations agencies will need to document and manage, such as staff training to validate outputs, controls around sensitive data entered into AI tools, transparency when people are interacting with AI systems and processes for individuals to seek redress when AI is used in decisions that affect them. DIR staff said public comments resulted in non-substantive clarifications and that responses will be published in the Texas Register.

The board also adopted amendments to Texas Administrative Code Chapter 218, DIR’s data governance and management rules that establish the data maturity assessment requirement for state agencies and institutions of higher education. DIR has described the update as positioning the data governance assessment as a distinct report rather than something folded into the information security assessment, while also aligning reporting requirements and deadlines to the statute.

DIR also said the amendments standardize the assessment tool used by state agencies so the department can more consistently collect and report statewide data governance information. For higher education, DIR has said the rule removes language that treated the data maturity assessment as an information security standard.

On accessibility, DIR voted to propose amendments to Texas Administrative Code Chapter 213, the state’s Electronic and Information Resources accessibility rules. DIR staff said the proposal is intended to align state rules with the federal Department of Justice’s Title II accessibility rules and consolidate responsibilities into a single state rule set. DIR also discussed renaming the agency accessibility coordinator role as Digital Accessibility Officer without changing the underlying responsibilities. The proposed amendments will be published for a 30-day public comment period before returning to the board for possible adoption.

At the meeting, DIR leadership described ongoing efforts connected to House Bill 5195 website modernization activity and coordination with Cyber Chief TJ White and his team around the transition of statewide cyber functions to Texas Cyber Command.

DIR said staff are aligning operational processes and reviewing cyber-related contracts and rulemaking to support the move while aiming to maintain uninterrupted service for state agencies, higher education and local governments. DIR’s security leadership also told the board the transition memorandum of understanding had been signed and said 46 full-time equivalent positions are authorized to transfer, with 31 filled at the time of the meeting.

The board also reaffirmed Tony Sauerhoff's appointment as interim executive director and state chief information officer.