Commissioners in Hood County voted down a proposed moratorium on large-scale data center development Tuesday for the second time this month — instead choosing to seek an opinion from the Texas Attorney General on whether the county even has the authority to enact one.
The proposed pause, which failed in a 3-2 vote, would have temporarily halted new large-scale development while county leaders studied potential impacts on water, infrastructure and public health.
Commissioners Kevin Andrews and Jack Wilson along with County Judge Ron Massingill opposed the moratorium, with Commissioners Nannette Samuelson and Dave Eagle voting in favor. It follows a similar vote earlier in February.
Commissioners have faced mounting pressure from residents concerned about water usage, noise and long-term environmental effects tied to artificial intelligence-related data centers and power generation projects proposed in the area.
During Monday's meeting, dozens of residents spoke during public comment, many urging commissioners to approve a moratorium under Chapter 231, Subchapter K of the Texas Local Government Code, a provision unique to Hood County that allows certain regulations on development.
Enacted in 1999, Subchapter K specifically gave the county more regulatory authority in order to better preserve and protect nearby bodies of water including Lake Granbury and the Brazos River.
But commissioners said their legal counsel, including County Attorney Matthew Mills, advised them that a moratorium may not be permitted under state law.
“We hired the most qualified attorney for development regulations that we've hired to guide us through the development process and what we can do and can't do with Subchapter K," Andrews said. "The short answer: no. The commissioners court of Hood County is not authorized to institute a moratorium on development in the county, as the Texas Legislature has not granted such authority."
Andrews added that even if a moratorium were passed, it would likely be challenged in court.
Instead of moving forward with another moratorium vote, commissioners agreed to formally request an opinion from Attorney General Ken Paxton to clarify whether Hood County has the legal authority to temporarily halt development.
Residents expressed their disapproval throughout the public comment portion of the meeting.
“We demand that you step up or step down," said resident Alex Wolf. “Families have spoken. Citizens have shown up. Voices have been raised respectfully, consistently, and in good faith. And yet too many of our concerns about these data centers have been brushed aside.”
Another pleaded with the court to use due diligence when it comes to approving these developments.
"You have the opportunity to help us,” said Jennifer Carrick. “You have the opportunity to do everything in your power."
Commissioners said they intend to continue working within the bounds of Subchapter K to regulate development where possible. They also encouraged residents to press state lawmakers for clearer authority during the next legislative session.
Paxton's opinion could take weeks or months. Until then, development proposals may continue moving through the county's existing regulatory process.
Some residents said they plan to show their disappointment at the ballot box.
"We'll no doubt remember at election time the candidates that not only spoke up against these monstrous, resource-sucking, polluting data centers, but turned their words into action," said Meredith Bennett. "And it won't just be the current elections that your constituents will hold you accountable for your decisions. It will be the very issue of every future election."
Emmanuel Rivas Valenzuela is KERA's breaking news reporter. Got a tip? Email Emmanuel at erivas@kera.org.
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