TX HB1265

Requires all AI mental health applications to be approved by the Health and Human Services Commission before they can be used to provide counseling, therapy, or other mental health services in Texas

Mandates that a licensed mental health professional (psychiatrist, psychologist, marriage and family therapist, licensed professional counselor, or social worker) be available at all times to individuals receiving AI-based mental health services

Requires licensed professionals to intervene when an individual threatens harm to themselves or others, or reports child abuse or neglect, and to be available to review patient progress and communicate directly with patients as needed

Establishes a testing and approval process where AI applications must demonstrate competency and safety before approval, with testing results to be published on the commission's website; participants in testing must sign informed consent releasing providers from liability

Prohibits discrimination in AI mental health services based on race, ethnicity, gender, sexual orientation, or other characteristics, and requires providers to clearly disclose that services are AI-based and obtain informed consent before treatment