The Data Center Divide
A policy snapshot ahead of the 2026 midterms. Mapping data center incentives, restrictions, and bans through legislation, regulations, and executive actions across all 50 states and 1,462 local jurisdictions.
Hays County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Mixed Data Center Policies
Hays County’s enacted measure pauses county consideration of discretionary approvals for significant-water-use developments for up to 180 days, potentially delaying some data center projects. It does not ban construction or require a checklist.
Rating from Texas statewide as there are no scored current or future laws outside temporary restrictions for Hays County.
Specific to Hays County only.
current law · County measureEstablishes a temporary emergency water-protection review period, adopted immediately on June 23, 2026, to assess groundwater and infrastructure impacts from significant industrial water-use developments, including projects exceeding 25,000 gallons of water per day and certain large data-processing facilities.Hays County Commissioners Court Resolution Establishing a Temporary Water Protection Review Period for Significant-Water-Use Developments (2026)
What this means
The measure creates a temporary review period and pauses county consideration of discretionary approvals, which could delay or complicate some data center projects. But it does not ban construction or impose mandatory checklist requirements, and the pause is limited to 180 days.
Timing
- Ends
- 180 days after adoption
The measure temporarily pauses discretionary approvals for qualifying industrial high-water-use projects and automatically expires after 180 days, unless the Commissioners Court explicitly extends it after presenting public findings. The review board and related recommendations are established to support the temporary review.
People behind it
- Ruben Becerra
Agenda sponsor and proposer of the resolution establishing the temporary emergency water protection review period and review board.
- Hays County Commissioners Court
Adopting and administering body responsible for establishing the review period and high-water-demand development review board.
Restrictions & requirementsHide restrictions & requirements7
For 180 days after adoption, the county defers discretionary approvals for qualifying industrial high-water-use projects, including tax-abatement agreements, development agreements, variance requests, and other discretionary approvals under county development regulations.
The restrictions apply to industrial projects that anticipate more than 25,000 gallons of water use per day.
Data-processing, server-hosting, cloud-computing, and comparable facilities designed for an electrical load of 5 megawatts or more are classified as industrial high-water-use projects subject to the review period.
Industrial projects using more than 10,000 gallons of water per day for cooling or thermal management are subject to the review period.
Industrial projects involving more than one on-site sewage facility, based on system size, wastewater volume, or surface-water and groundwater concerns, are subject to the review period.
The county creates a High-Water Demand Development Review Board to review qualifying projects' effects on water availability, aquifers, infrastructure, emergency services, and drought resilience, and to provide written findings and recommendations to the Commissioners Court.
The county must strictly exercise its existing authority over on-site sewage facilities, focusing review on public health, wastewater management, system sustainability, system capacity, and groundwater protection; the resolution does not create new permitting authority or countywide zoning.
Sources
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