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BHEC forms ad hoc committee to prepare for state AI sandbox; staff to await DIR framework before drafting rules

5948721 ยท October 15, 2025

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Summary

Council members volunteered to serve on an ad hoc committee to help develop criteria for AI systems to participate in the state's regulatory sandbox; staff said the Department of Information Resources (DIR) has not yet finalized the statewide sandbox framework and recommended awaiting DIR guidance before drafting agency rules.

The council agreed to form an ad hoc committee of council members to assist staff when rule development on AI sandbox participation begins, but staff said it will not draft formal rules until the Texas Department of Information Resources (DIR) establishes the statewide AI sandbox and the Texas Artificial Intelligence Council.

Staff noted the Legislature authorized an AI sandbox in statute (Business & Commerce Code sec. 553.052) but that DIR has not yet set up the program or the Texas Artificial Intelligence Council. Daryl Spinks told members he intends to wait for DIR's criteria and framework to ensure BHEC's rules will align with the statewide program.

Council volunteers: Several council members and guests volunteered to assist when the rulemaking phase begins. Will Francis (NASW-TX/LA) volunteered, and two council members (Mister Brumley and Dr. Cartwright) also agreed to serve. Staff said the ad hoc committee will be kept small (no more than four members) to avoid forming a quorum and to facilitate focused drafting when DIR publishes its framework.

Why it matters: State agencies will need to develop criteria for AI systems that seek to participate in DIR's sandbox. BHEC's early planning positions the council to contribute profession-specific safeguards and escalation triggers for AI use in mental and behavioral health settings.

Next steps: Staff will monitor DIR, hold the ad hoc committee in reserve and return to the council for rule proposals once DIR's program and the Texas Artificial Intelligence Council's guidance are published. The council did not direct staff to develop rules before DIR issues its framework.