Texas Senators Urge Congress to Reject AI Law Ban

As the Trump administration renews its push to halt state artificial intelligence laws, a bipartisan group of 16 Texas senators is urging the state’s congressional delegation to oppose federal pre-emption.

The White House is pursuing two avenues to block state-level AI regulation: inserting a moratorium provision into the National Defense Authorization Act (NDAA) or issuing an executive order that would direct the Department of Justice to challenge AI-related state laws. A leaked draft of the executive order would not explicitly ban such laws, but it would create a Justice Department task force to contest them and direct federal agencies to limit funding to states with measures deemed too restrictive. That includes potential cuts to nondeployment funding from the $42.5 billion Broadband Equity, Access and Deployment (BEAD) program.

The Texas senators' November letter to U.S. Sens. John Cornyn and Ted Cruz cites recent state legislation as a reason to reject federal interference. Passed earlier this year, the Texas Responsible Artificial Intelligence Governance Act, or TRAIGA, prohibits certain uses of AI, including the promotion of self-harm, criminal activity and the development of social credit systems. It also establishes a regulatory sandbox allowing the state to test new policies while enabling innovation.

“If an AI moratorium is put in place, our important work on preventing child pornography, protecting data privacy, preventing discrimination and holding Big Tech accountable in Texas will be rendered moot,” the letter states.

The senators argue that stripping state authority would violate the 10th Amendment and leave local communities unable to respond to fast-moving risks posed by advanced AI.

The letter was coordinated by the Alliance for Secure AI Action and signed by nine Republicans and seven Democrats, underscoring bipartisan concern over federal pre-emption. Among the signatories are Sens. Carol Alvarado, Nathan Johnson, Sarah Eckhardt, Tan Parker, Bob Hall and Royce West.

Brendan Steinhauser, CEO of the organization, said in a statement: “Texas has made great headway in preventing harms from AI, acting quickly and proactively with bills like TRAIGA. Federal preemption would undo this good work, restricting lawmakers from making good policy decisions for Texans. This would be a massive disservice to our children, families and workers.”

The draft executive order would instruct the Justice Department to challenge AI-related state laws on multiple grounds, including claims that they interfere with interstate commerce or contradict existing federal policies. It would also require agencies such as the Federal Communications Commission and Federal Trade Commission to evaluate where federal authority could override state-level AI requirements, particularly those involving output disclosures, developer documentation or training data standards.

Senate Commerce Chair Cruz acknowledged that the administration is “pressing forward” on the issue, though momentum to include the provision in the NDAA remains uncertain. Lawmakers including Sen. Mike Rounds and Rep. Rob Wittman have questioned whether advancing a moratorium without a federal AI framework would be responsible. Others have warned that using funding restrictions to pressure states into compliance would strain federal-state relations and hinder public interest initiatives.

Earlier this year, a similar moratorium was included in the Trump-backed One Big Beautiful Bill Act but was removed following bipartisan opposition. That provision would have tied broadband infrastructure funding to states' willingness to forgo AI regulation. After its removal, state Rep. Giovanni Capriglione, author of TRAIGA, called the outcome “a huge win for responsible AI.”

Now, as final negotiations over the NDAA continue, Texas lawmakers are again urging Congress to allow states to lead in developing AI policy.

“States are inherently able to act with greater agility than the federal government to address these issues as they emerge,” the letter reads. “The states must not be handcuffed during a crisis.”