The Deep East Texas Standard

Texas counties cannot zone or ban data centers. But they sign the road agreements, tax abatements and payments in lieu of taxes these projects need, and a contract can protect what an ordinance cannot. These are the terms every county should ask for. Copy them freely.

Written by Fawn Elizabeth Zion and the East Texas Legacy Coalition for Angelina County, October 2026. Published by Grail Systems.

Why this is not extreme

In July 2026, Governor Abbott called for data centers to use closed-loop cooling, report their water and electricity use every year, connect to the grid in ways that lower household bills, and give up unnecessary incentives. A Henderson County developer withdrew rather than meet those standards. Many of the terms below already appear in Texas county drafts and in agreements in Virginia and Pennsylvania. In June 2026, the City of Fort Worth proposed its own data center rules with 250-foot setbacks from homes, generators kept 300 feet away, a crypto mining ban, closed-loop cooling and stricter noise limits.

Low-water cooling is not a fantasy. Google's own reports show its air-cooled data center in Pflugerville used about 10,000 gallons of water in 2024, while its Midlothian campus used 182.3 million.

Moratoriums are risky. Hill County passed one in May 2026, was sued for $100 million, and rescinded it within weeks. Contract terms and written abatement guidelines hold up better.

Start with these three

16 conditions for every agreement

For every road-use agreement, road closure, tax abatement or payment in lieu of taxes for a data center, crypto mine or the power plant that serves it.

8 things a county can do beyond any single deal

Who has adopted part of it

8 Texas governments have already adopted at least one piece of this Standard, and others have proposed more. Numbers match the 16 conditions above; letters match the 8 county actions. A resolution asking the Legislature for authority is a start, not a protection on its own.

Know of another? Tell us and send the record. We add it after we check it.

Use it

Send this page to your commissioners, cite it in public comment, or copy any part of it into your own letter. If your county adopts any of it, tell us and we'll add it to Ground Truth Texas.

Start a watch in your county This is a public advocacy framework, not legal advice. Counties should have their attorneys review any contract language.