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AI law comparison · Data verified 2026-08-25

Texas TRAIGA vs Virginia VCDPA

Texas TRAIGA and Virginia VCDPA are two of the 169 AI and data regulations Aegis Firma tracks. They have different scopes, effective dates, and penalties — and many businesses fall under both. Here is the side-by-side, drawn directly from the regulatory registry.

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Side by side

Attribute
Texas TRAIGA
Virginia VCDPA
Region
US-TX
US-VA
Effective date
2026-01-01
2023-01-01
Enforcement begins
Who must comply
Applies to any person or entity that: (1) develops an AI system intended to interact with or make decisions about Texas residents; OR (2) deploys an AI system in Texas or to serve Texas residents. Unlike Colorado SB23-16…
Applies to businesses subject to the Virginia Consumer Data Protection Act — those that, in a calendar year, control or process personal data of 100,000+ Virginia consumers, OR of 25,000+ consumers while deriving 50%+ of…
Maximum penalty
$10,000–$12,000 per curable violation; $80,000–$200,000 per violation a court determines uncurable; $2,000–$40,000 per day for continuing violations (Tex. Bus. & Com. Code § 552.105(a)); state licensing agencies may add license suspension/probation/revocation or up to $100,000 on AG recommendation (§ 552.106). TX AG exclusive enforcement, no private right of action (§ 552.101), mandatory 60-day cure (§ 552.104)
Two separate tracks, deliberately not merged: VCDPA — $7,500 per violation, Virginia AG enforcement (Va. Code § 59.1-584), no private right of action. INSURANCE (Title 38.2, the track AL 2024-01 and HB 481 run on) — not more than $5,000 for each KNOWING OR WILLFUL violation and not more than $1,000 for each violation without knowledge or intent subject to a $10,000 aggregate (Va. Code § 38.2-218(A), (B)), plus Commission-ordered restitution of direct actual financial loss (§ 38.2-218(D)(1)) and cease-and-desist proceedings (§ 38.2-219), imposable in addition to or without any other penalty provided by law (§ 38.2-218(E)).
Compliance requirements
7 tracked
12 tracked
Enforcement actions on record
None on record yet
None on record yet
Data last verified
2026-08-25
2026-08-26

Summary of publicly available regulatory text. Verify against current official sources before relying on this for compliance decisions. Not legal advice.

The key difference

Virginia VCDPA takes effect first, so it is usually the more urgent of the two. Texas TRAIGA tracks 7 compliance requirements and Virginia VCDPA tracks 12. They are not interchangeable — meeting one does not discharge the other. The practical question is not which law is “stricter,” but which of them — or both — actually applies to your business.

US-TX

Texas Responsible AI Governance Act (TRAIGA / HB 149)

Texas HB 149 (TRAIGA), signed June 22, 2025 and codified as Tex. Bus. & Com. Code Title 11, Subtitle D (ch. 551–552, with a ch. 553 regulatory sandbox and a ch. 554 Texas AI Council), prohibits specific harmful AI practices and imposes disclosure obligations. The Act focuses on intent-based liability. Subchapter B contains exactly seven prohibition/disclosure sections (§§ 552.051–552.057, verified against the enrolle…

Full Texas TRAIGA requirements
US-VA

Virginia Consumer Data Protection Act (VCDPA) — Automated Decision-Making

Virginia's Consumer Data Protection Act (Va. Code § 59.1-575 et seq.), effective January 1, 2023, includes automated decision-making opt-out rights and data protection assessment requirements. Consumers have the right to opt out of processing for profiling in furtherance of decisions that produce legal or similarly significant effects — including employment decisions, credit decisions, and housing decisions. Controll…

Full Virginia VCDPA requirements

Common questions

Could both Texas TRAIGA and Virginia VCDPA apply to my business?

Yes. Texas TRAIGA and Virginia VCDPA are separate regulations with separate scopes — a business can fall under both at once. Texas TRAIGA covers Applies to any person or entity that: (1) develops an AI system intended to interact with or make decisions about Texas residents; OR (2) deploys an AI system i… Virginia VCDPA covers Applies to businesses subject to the Virginia Consumer Data Protection Act — those that, in a calendar year, control or process personal data of 100,000+ Virgin… If your operations meet both scopes, you must comply with both. Aegis Firma's free scan checks all 169 tracked regulations against your business profile so you do not have to read each law to find out.

Which has the higher maximum penalty — Texas TRAIGA or Virginia VCDPA?

Texas TRAIGA: $10,000–$12,000 per curable violation; $80,000–$200,000 per violation a court determines uncurable; $2,000–$40,000 per day for continuing violations (Tex. Bus. & Com. Code § 552.105(a)); state licensing agencies may add license suspension/probation/revocation or up to $100,000 on AG recommendation (§ 552.106). TX AG exclusive enforcement, no private right of action (§ 552.101), mandatory 60-day cure (§ 552.104) Virginia VCDPA: Two separate tracks, deliberately not merged: VCDPA — $7,500 per violation, Virginia AG enforcement (Va. Code § 59.1-584), no private right of action. INSURANCE (Title 38.2, the track AL 2024-01 and HB 481 run on) — not more than $5,000 for each KNOWING OR WILLFUL violation and not more than $1,000 for each violation without knowledge or intent subject to a $10,000 aggregate (Va. Code § 38.2-218(A), (B)), plus Commission-ordered restitution of direct actual financial loss (§ 38.2-218(D)(1)) and cease-and-desist proceedings (§ 38.2-219), imposable in addition to or without any other penalty provided by law (§ 38.2-218(E)). Penalty structures differ by regulator and violation type — read each law's full page for the cure periods and per-violation detail.

When does each law take effect?

Texas TRAIGA — effective 2026-01-01. Virginia VCDPA — effective 2023-01-01. Dates last verified against official sources on 2026-08-25 and 2026-08-26 respectively.

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