Two state lawmakers have stepped onto the side of citizens voicing concerns about data center developments in their backyards. This comes after two other lawmakers threatened local county commissioners with legal action if they approved a moratorium on such developments.
The Hood County Commissioners Court rejected the moratorium on a 3-2 vote on February 10, after hours of testimony from citizens asking for time to fully investigate the effects of the data centers on water, air, and the economy, and to better get to know the companies behind them.
County Attorney Matt Mills then read an open letter by State Sen. Paul Bettencourt (R–Houston) and State Rep. Jared Patterson (R–Frisco) to Attorney General Ken Paxton that asked him to “investigate” any counties seeking to implement such a pause and “explore any necessary legal actions.”
The lawmakers wrote that counties do not have the power to halt development. State Rep. David Cook (R–Mansfield) then jumped in.
“I am disappointed by the Commissioner’s Court vote,” he wrote in a press release that same day. “I cannot ignore the voices of those who feel unheard as corporations pursue projects that could fundamentally alter the composition of Hood County.”
Cook, who is running to represent Texas Senate District 22 that includes Hood County, promised to propose measures “to address the rapid proliferation of data centers across Texas.”
State Rep. Shelby Slawson (R–Stephenville), who represents Hood County, joined Cook roughly two hours later by publishing her own letter to Paxton, which she shared on social media.
“At least half a dozen data center projects have been proposed in Hood County, and constituents and officials alike have raised significant, legitimate concerns about the environmental impacts these projects may have on water, land, and energy resources,” she wrote.
Slawson noted that Bettencourt and Patterson are “technically correct” in their assertion that “county commissioners courts cannot claim any power” not expressly given in state law or the Constitution, but she added that they overlooked a state law passed in 1999.
According to Slawson, Chapter 231, Subchapter K of the Texas Local Government Code “expressly” gives regulatory authority to Hood County. “The legislature took this extraordinary step 27 years ago because of the critical importance not just locally, but to the entire state, of protecting the watershed that drains into Lake Granbury and the Brazos River,” she wrote.
This is the same law the proposed Hood County moratorium cited as legal backing. Slawson also argued that an attorney general opinion Bettencourt and Patterson cited is “inapplicable” to the Hood County situation. “I am hopeful that the legislature can help our constituents with the narrowly-tailored tools and guard rails they are begging the state to assist them with for protecting our natural resources in the face of significant development.”
On Wednesday, Van Zandt County Commissioners Court unanimously approved a moratorium on all planned solar, wind, and battery energy storage system projects. This was due to concerns that Chinese products were being used in their construction.
That same day, Fort Worth City Council delayed a rezoning vote on a proposed $10 billion data center project citing concerns such as resources, land use, and power.
Citizens in Gillespie County faced a similar situation regarding the construction of a battery storage system. They responded by suing to block the construction. The county joined the lawsuit, and in January Judge Albert Patillo of the 216th District Court issued a temporary injunction to stop construction until a final judgment is reached.
