Harmful Legislative Actions
“State lawmakers in Austin have passed a series of bills that strip away local control and make it easier for data centers and battery plants to move into rural Texas with little oversight. This page explains the key laws, what they do, and how they affect our land, water, and communities.”
Senate Bill 6 (SB 6)
2025 Legislative Session
What it does: Creates a framework for large energy users like data centers. Requires interconnection standards and cost-sharing for grid upgrades. Allows for forced shutdown during emergencies. Impact: Does NOT restrict where facilities are built or give communities veto power. Locations remain cost-driven regardless of environmental or local impact.
The "Death Star" Bill (HB 2127)
2023 Legislative Session
What it does: Prohibits cities and counties from passing regulations that exceed state law in critical fields like Agriculture, Business, and Local Government codes. Impact: Prevents local counties from enforcing environmental rules to restrict heavy industry like lithium plants, effectively stripping local control.
Senate Bill 2038 (SB 2038)
Extraordinary Power Shift
What it does: Allows property owners in a city's extraterritorial jurisdiction (ETJ) to petition for release from that jurisdiction without city consent. Impact: Removes local development oversite, allowing industrial facilities to bypass city-level building standards, safety codes, and environmental protections.
Tax Abatements (Chapter 403)
Economic Development Act
What it does: Replaced Chapter 313, creating a newer, more opaque system for multi-million dollar property tax breaks for industrial projects. Impact: Incentivizes large-scale data centers and battery plants to locate in rural areas by shifting the tax burden away from corporations and toward local residents.
Utility & Critical Infrastructure Preemption
State Oversight Override
What it does: Grants the state primary authority over the citing and regulation of critical infrastructure, including high-voltage lines and battery storage sites. Impact: Limits the ability of local landowners and communities to contest the placement of hazardous or disruptive infrastructure near their homes and farms.