The Data Center Divide
Tom Green County
Neutral Data Center Policies
Tom Green County’s resolution urges state officials to require public reporting and independent impact assessments for data centers, but it does not itself impose those requirements or create much direct burden on projects.
This nonbinding resolution supports responsible data-center development but opposes open-loop evaporative cooling and other high-volume potable-water consumption technologies in large-scale facilities in water-constrained areas.Tom Green County Resolution 2026-08, Resolution Calling for Enhanced Regulation of Data Centers in the State of Texas
What this means
The resolution calls for public reporting and independent impact assessments, which could add costs or slow projects if adopted as binding rules. But it mainly urges state officials to act; the county judge said the county lacks the same power as a city to impose regulations, so the resolution itself creates little direct burden.
People behind it
- Tom Green County Commissioners Court
Adopted the resolution calling for enhanced regulation of data centers.
Restrictions & requirementsHide restrictions & requirements4
Future support for additional data-center development in Texas is conditioned on comprehensive, enforceable safeguards protecting state resources, infrastructure, and communities.
Before final approval, proposed data centers must publicly and transparently report anticipated electricity demand, water usage, and infrastructure impacts.
A data-center project should not be permitted to proceed without an independent assessment of its effects on regional and state electrical, water, land, environmental, and infrastructure resources.
The state is encouraged to adopt statewide planning and regulatory standards that prioritize sustainability for data-center development.
Sources
Specific to Tom Green County only.
This proposed order would have imposed a temporary 12-month moratorium on new data-processing or data-center facilities exceeding 1,000 square feet in unincorporated Precinct 4, along with certain battery-storage, power-generation, cooling, transmission, and related support projects.Temporary Moratorium on Certain Large-Scale Industrial Energy Storage, Power Generation, and Data Processing Construction Activities Within the Unincorporated Areas of Precinct 4 in Tom Green County
What this means
If enacted, the measure would pause new construction of data centers over 1,000 square feet in unincorporated Precinct 4 for up to 12 months, making building or expanding there substantially harder. It would not directly stop existing centers from operating, and waivers or early termination could soften the impact.
Timing
- Ends
- The earlier of (1) twelve months from the effective date, (2) receipt of favorable impact studies and final standards from relevant state agencies or certified professionals, or (3) adoption of infrastructure protection and public safety standards applicable to covered projects.
The document provides for automatic expiration under these conditions. However, the effective-date field is blank, and subsequent reporting states that the Commissioners Court tabled the proposal and ultimately opted not to pursue the moratorium.
People behind it
- Shawn Nanny
RepublicanTom Green County Precinct 4 Commissioner who proposed the moratorium motion.
- Tom Green County Commissioners’ Court
County governing body that considered, introduced, and would administer the proposed moratorium.
Restrictions & requirementsHide restrictions & requirements4
The measure imposes a temporary ban on commencing new construction in the unincorporated areas of Precinct 4 for data processing or data center facilities exceeding 1,000 square feet, battery energy storage systems exceeding 5 megawatts, large-scale power generation facilities exceeding 5 megawatts, and directly related substations, cooling systems, transmission infrastructure, and industrial support facilities. (covered construction activities)
The construction ban does not apply to projects already under active construction when the order takes effect, routine maintenance or repairs, agricultural operations, or projects inside incorporated municipalities. (exceptions to the moratorium)
The moratorium creates a waiting period that automatically ends at the earliest of 12 months after its effective date, receipt of favorable impact studies and final standards, or adoption of applicable infrastructure-protection and public-safety standards. (automatic expiration)
A project may proceed through a waiver only if the Commissioners Court finds that it will not materially impair county infrastructure, emergency response, or public safety; adequate roadway protections and mitigation are in place; applicable state and federal requirements are satisfied; and public health, safety, and welfare will not be adversely affected. (waiver conditions)
Benefits & exceptionsHide benefits & exceptions6
Projects already under active construction when the order takes effect are exempt from the moratorium and may continue construction.
Routine maintenance and repair activities are exempt, allowing operating facilities to be maintained.
Projects located within incorporated municipalities are outside the moratorium’s scope.
The moratorium applies only to new data-processing or data-center construction exceeding 1,000 square feet, leaving smaller projects outside its coverage.
The Commissioners Court may grant a waiver if the applicant shows that the project will not materially impair county infrastructure, emergency response, or public safety; provides adequate roadway protections and mitigation; complies with state and federal requirements; and will not adversely affect public health, safety, or welfare.
The moratorium automatically ends before 12 months if favorable impact studies and final standards are received or if the Commissioners Court adopts applicable infrastructure-protection and public-safety standards.
Sources
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