The order applies to data centers in Austin County’s unincorporated areas and does not apply within municipal limits.

Construction of a data center requires prior plan review and written approval from the County Fire Marshal.

Developers must submit complete construction plans, engineering specifications, equipment lists, and any other documentation required by the County Fire Marshal.

Before construction can be approved, the developer must obtain and pay for an independent third-party engineering evaluation of the data center’s design, safety, and installation, which must be reviewed by the County Fire Marshal.

Before construction approval, the developer must submit a site-specific emergency operations plan to the County Fire Marshal and local first responders, and the plan must be reviewed in coordination with local volunteer fire departments.

All County officers are directed not to approve data-center permits, plan reviews, inspections, or related documentation until the County completes a Comprehensive Health and Safety Review.

The approval suspension has no specified end date; the Commissioners Court, in consultation with the County Fire Marshal, solely determines when the Comprehensive Health and Safety Review is complete and must enter an order in its minutes declaring it complete.

The Comprehensive Health and Safety Review must verify that proposed data centers do not incorporate equipment, components, software, firmware, or communications systems from manufacturers on the Governor’s Prohibited Technologies List or entities owned, controlled, or influenced by the Chinese Communist Party or another foreign adversary.

The review must assess fire and life-safety compliance, the County’s emergency-response capacity, and the suitability of locations through an Energy Development Zone study.

The County Fire Marshal may charge developers a reasonable fee for plan review and inspections if authorized by the Commissioners Court.

Beginning or threatening construction without the required written approval may result in a cease-construction order, inspections within 500 feet of the site, referral to the County Attorney, and injunctive relief.

Violations may trigger criminal penalties under Texas Local Government Code Chapter 352, ranging from a Class C misdemeanor with a fine of up to $500 to a state jail felony for repeat violations.

The order exempts data centers under 5,000 square feet only when they are used solely for personal or residential purposes and are not operated commercially.

The order also exempts data centers for which all required state and federal permits were issued and construction was substantially completed before the order’s effective date.

The County Fire Marshal and County Engineer must study and recommend one or more Energy Development Zones for data centers. The study must consider factors such as emergency-access roads, water availability, electrical infrastructure, flood risks, environmental impacts, and surrounding land uses.

While the comprehensive health and safety review is pending, a data-center project may proceed with an independent third-party engineering evaluation, although construction approvals remain suspended.

The County Fire Marshal may accept and review data-center plans during the comprehensive review period, allowing developers to prepare and advance their applications even though written construction approval cannot be issued until the review is complete.

Data centers under 5,000 square feet are exempt from the order when they are used solely for personal or residential purposes and are not operated commercially.

Data centers for which all required state and federal permits were issued and construction was substantially completed before the order's effective date are exempt from the order.

Data centers located within the corporate limits of an Austin County municipality are outside the order's scope because it applies only to the County's unincorporated areas.