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MORRIS COUNTY, Texas (KETK) — In an effort to encourage economic growth while protecting its natural resources, the Morris County Commissioners Court has adopted a resolution to work with state legislators and agencies to support further regulation of data centers in Texas.

On June 22, commissioners signed the resolution, outlining their request to the state to require data center projects to undergo rigorous review to address their environmental impacts and to adopt standards that promote efficient use of resources.

The court said it recognizes that data centers are “essential to the future economy” but aims to ensure that economic growth is pursued responsibly, with sustainability in mind.

“Economic development and resource stewardship are not competing priorities. These two goals go hand in hand,” Morris County Judge Doug Reeder said on a social media post, where he shared the full resolution. “Morris County can continue to welcome investment while also insisting that growth be responsible, sustainable, and respectful of the people and communities who call this county home. To that end, we are asking state lawmakers to enact legislation giving local governments more control over the planning and regulating of development directly affecting our local infrastructure and resources.”

In its resolution, the court supports state requirements for the transparency and disclosure of projected electricity and water use and the anticipated impacts on county roads, infrastructure and public safety.

Additionally, the court asks legislators and related agencies to adopt standards for data centers that require them to prioritize efficient resource use, such as using water and power-efficient technology and coordinating with regional planning groups.

At the end of the resolution, the county requests state lawmakers adopt the following legislation to ensure incoming data centers use resources responsibly:

Evaluate and implement policies to improve the transparency of projected electric demand and water consumption of large-scale computing facilities
Establish reasonable requirements for infrastructure planning, resource impact review and mitigation of significant public impacts
Promote coordination among state agencies, counties, municipalities, utility providers and developers
Ensure that local governments are provided opportunities to participate in planning processes affecting local infrastructure and resources
Preserve Texas’ ability to attract technological investment while protecting taxpayers, ratepayers, landowners and natural resources

The resolution will be sent to the governor, lieutenant governor, legislators representing Morris County, the Public Utility Commission of Texas, ERCOT and other state and regional entities.

AUSTIN — Acting Texas Comptroller Kelly Hancock today said state sales tax revenue totaled $4.2 billion in June, 4.2% more than in June 2025. The majority of June sales tax revenue is based on sales made in May and remitted to the agency in June.

Receipts from the sectors mainly affected by business spending were mixed last month, with the construction and wholesale trade sectors coming in above their June 2025 totals, and the mining and manufacturing sectors falling below collections from a year ago.

From the large sectors driven primarily by consumer spending, remittances from the retail trade sector were once again up more than 3% compared with the same month a year ago, and remittances from the services sector increased by nearly 9%.

Within the retail trade sector, collections from electronic shopping outlets had the largest increase, showing a double-digit increase for the fourth consecutive month. Receipts from the general merchandise subsector were down approximately 2% compared to last June.

Receipts from restaurants were up 4.8% from a year ago, well above the rate of inflation for food away from home.

Total sales tax revenue for the three months ending in June 2026 was up 6.9% compared to the same period a year ago. Sales tax is the largest source of state funding for the state budget, accounting for 58% of all tax collections.

Texas collected the following revenue from other major taxes:

motor vehicle sales and rental taxes — $641 million, up 2% from June 2025;
motor fuel taxes — $336 million, down 2% from June 2025;
oil production tax — $736 million, the largest monthly collections on record, up 82% from June 2025;
natural gas production tax — $212 million, down 1% from June 2025;
hotel occupancy tax — $74 million, up 9% from June 2025; and
alcoholic beverage taxes — $163 million, up 2% from June 2025.

FORT WORTH, Texas (AP) — Seven more people were sentenced to prison Wednesday over a shooting outside a Texas immigration detention center that wounded a police officer and has left many protesters facing decades behind bars.

All but one of the defendants sentenced in Fort Worth courtrooms pleaded guilty to charges related to the shooting outside the Prairieland Detention Center near Dallas last July 4. They each were sentenced to between nearly two and 15 years in prison.

The same judges have already handed down harsher sentences to eight people who were convicted at trial, including a former Marine reservist who received a 100-year prison term.

The U.S. Justice Department alleges the shooting was carried out by members of the leftist militant group antifa — a claim attorneys for the protesters have denied.

U.S. District Judge Reed O’Connor called the protest an “assault on democracy” before he and another judge handed down lengthy prison sentences last week to eight others who were convicted on terrorism charges.

The six defendants who did not stand trial had pleaded guilty to providing material support to terrorists. One of them testified at the earlier trial that he spray-painted a guard shack and vehicles in the parking lot.

The seventh defendant, Ines Soto, was sentenced to 50 years in prison after being convicted of providing material support to terrorists, riot and explosives.

The case has been closely watched by critics who say the prosecution could have serious implications for protesters nationwide and First Amendment free-speech rights.

The protesters’ attorneys have insisted there was no planned ambush and that the people who took firearms to the demonstration did so for their own protection. They argue the gathering was planned as a late-night demonstration with fireworks to show support for immigrants detained inside the facility.

Prosecutors told jurors at trial that the group’s actions — including bringing firearms, first aid kits and wearing body armor — signaled nefarious intent.

Benjamin Song, the former U.S. Marine reservist who was convicted of attempted murder in the shooting, was sentenced to 100 years in prison, and seven others received prison terms ranging from 30 to 70 years. Some of them, including Song, have filed notices of appeal.

WASHINGTON (AP) — U.S. Treasury announced a series of sanctions and a new bank alert targeting the Jalisco New Generation Cartel, Mexico’s most powerful criminal enterprise.

Treasury’s Office of Foreign Assets Control imposed sanctions on two Mexican men and nine companies involved in transportation, financial services and real estate, accused of being tied to a cartel-linked fuel theft ring intended to evade Mexican taxes while generating tens of millions of dollars annually for the cartel.

Additionally, Treasury’s Financial Crimes Enforcement Network arm issued an alert to financial institutions that point out red flags of fuel smuggling from the U.S. into Mexico in schemes involving Mexican tax evasion.

“Today’s action highlights the extent to which Mexico’s cartels are expanding beyond traditional drug trafficking to generate revenue for their criminal organizations, which continue to traffic deadly drugs that kill Americans,” said Treasury Secretary Scott Bessent in a statement.

The U.S. Drug Enforcement Agency has acknowledged the New Generation Cartel’s presence in 21 of Mexico’s 32 states, surpassing the powerful Sinaloa Cartel, which is estimated to operate in 19 states. Last year, President Donald Trump designated the Jalisco New Generation Cartel and five other Mexican cartels as foreign terrorist organizations.

Mexican authorities have in recent years seized million gallons of stolen diesel, gasoline and petroleum distillates from states bordering Texas. Organized crime taps pipelines and diverts fuel to service stations forced to buy from cartels or sell it directly in the streets.

U.S. authorities have even accused the Jalisco New Generation cartel of operating its own service stations.

DALLAS (AP) – President Donald Trump announced Tuesday that Republicans will hold their first-ever national convention ahead of November’s midterm elections, an unusual event aimed at boosting turnout in races that will decide whether the party maintains control of Congress.

The convention will be held in Dallas on Sept. 9 and 10.

Although both major parties traditionally hold blockbuster conventions during presidential campaigns, Trump has long floated the idea of a similar gathering this year to focus voters’ attention on a sprawling collection of House and Senate races.

If Democrats regain control of either chamber, they will be empowered to block Trump’s agenda and launch investigations into his administration for the final two years of his term.

Republicans have only slim majorities in Congress, and the party in power normally loses ground in the midterms. And without Trump on the ballot, Republican leaders worry that it could be hard to galvanize their voters.

Trump hopes the convention would help change that dynamic, and he’s been talking about it since last year. He floated in a social media post that Republicans would use the event “to show the great things we have done since the Presidential Election of 2024.”

“We will also have lots of Great Entertainment — It will be a RALLY like none other!” Trump wrote in a Truth Social post announcing the convention details.

The Democratic National Committee considered hosting a similar midterm convention but ultimately rejected the idea. An expensive soiree could have strained the DNC’s finances, which are struggling with lackluster fundraising and millions in debt.

Democrats have said the GOP convention will be a chance for them to tie Republican House and Senate candidates to Trump, whose approval rating is underwater.

Locating the convention in Texas places a spotlight on the state’s Senate race, which pits Democratic nominee James Talarico against Republican nominee Ken Paxton.

Paxton is the state attorney general who, with Trump’s backing, defeated longtime Sen. John Cornyn in a primary earlier this year. Republican Senate leaders fear that Paxton’s history of scandals — including an extramarital affair, an impeachment and a securities fraud case that did not lead to a conviction — could undermine his candidacy and turn a winnable race into a drain on party resources.

It also highlights the aftereffects of Trump’s mid-decade redistricting push that began in Texas, an effort to secure more seats for Republicans in this fall’s elections.

The Republican National Committee began laying the groundwork earlier this year, voting at its winter meeting in January to make such an event possible by amending procedures centered around quadrennial presidential nominating conventions.

Democrats considered holding a similar gathering ahead of the midterms but tabled the idea. However, the party did hold such conferences in the 1970s and 1980s.

DALLAS (AP) — Six people who pleaded guilty to charges related to a demonstration and shooting outside a Texas immigrant detention center are set to be sentenced Wednesday. Other protesters have already been sentenced to decades behind bars, including a former Marine who was handed a 100-year prison term.

A police officer was shot and wounded in the neck during the protest against President Donald Trump’s immigration crackdown outside the Prairieland Detention Center near Dallas last July 4. The U.S. Justice Department alleges the shooting was carried out by members of the leftist militant group antifa — a claim attorneys for the protesters have denied.

Last week, U.S. District Judge Reed O’Connor called the protest an “assault on democracy” before he and another judge handed down lengthy prison sentences to eight demonstrators who were convicted on terrorism charges.

On Wednesday, six more defendants could be sentenced to as much as 15 years in prison after they pleaded guilty to providing material support to terrorists. One of them testified at the earlier trial that he spray-painted a guard shack and vehicles in the parking lot.

The case has been closely watched by critics who say the prosecution could have serious implications for protesters nationwide and First Amendment free-speech rights.

The protesters’ attorneys have insisted there was no planned ambush and that protesters who took firearms with them to the demonstration did so for their own protection. They argue the gathering was planned as a late-night demonstration with fireworks to show support for immigrants detained inside the facility.

Prosecutors told jurors at trial that the group’s actions — including bringing firearms, first aid kits and wearing body armor — signaled nefarious intent.

Benjamin Song, a former U.S. Marine reservist who was convicted of attempted murder in the shooting, was sentenced to 100 years in prison, and seven others received prison terms ranging from 30 to 70 years.

Another person who will be sentenced Wednesday was convicted at trial. Ines Soto, whose wife was also convicted, could be sentenced to 60 years in prison after being convicted of providing material support to terrorists, riot and explosives. At trial, attorneys for the couple said they arrived late and left the protest when confronted by guards.

JEFFERSON – A shooting in Marion County that left one person dead is being investigated by authorities. The Sheriff’s Office reports that following reports of a shooting on FM 248, one person was taken into custody at approximately 8 p.m. on Monday. Troopers from the Texas Department of Public Safety, Jefferson Police Department, and Marion County deputies all arrived at the scene. Both the victim’s and the suspected shooter’s identities are still unknown. Xavier Lakeno Zachary has been identified as the suspect; he has been charged with murder and booked into Marion County Jail. The Texas Rangers will support the investigation, according to the sheriff’s office.

Marshall — As a part of its grid enhancement project, Southwestern Electric Power Company (SWEPCO) is launching the first phase in Marshall to improve its power grid infrastructure, the company announced on Tuesday.

Earlier this month, the Public Utility Commission of Texas (PUCT) awarded SWEPCO a $200 million grant aiming to upgrade approximately 700 miles of power line infrastructure in Northeast Texas, ultimately enhancing reliability for more than 192,000 Texas customers, according to our news partner, KETK.

The first project will begin in Marshall, marking the first step in the effort to modernize electric infrastructure and reliability, SWEPCO said.

“When we analyzed our system, upgrading copper wire to more modern equipment stood out as an area that would have the biggest impact,” Adam Keeth, SWEPCO Director of Distribution Engineering & Reliability, said. “By replacing it with modern aluminum?alloy conductors and installing stronger poles, we’re building a system that can better withstand ice, wind, and long?duration storms and deliver more reliable service to our customers.”

The project includes the following upgrades:

Replacing copper wire with stronger conductors
Installing new utility poles designed to withstand severe weather
Strengthen the power distribution network
Support long-term reliability for homes, schools, hospitals and businesses

As work continues throughout the region, the full project is expected to be completed by 2031.

“Together, these efforts will modernize some of the oldest portions of the distribution system, rebuilding them to a more resilient, storm-hardened design within fully cleared rights-of-way,” SWEPCO said.

Washington, D.C. – Today, U.S. Secretary of Agriculture Brooke L. Rollins announced the Strengthening Processing for U.S. Ranchers (SPUR) Program that will provide temporary support for eligible beef processing establishments. Under SPUR, the U.S. Department of Agriculture will provide up to $500 million in payments to eligible entities to support stronger and more stable market opportunities for American ranchers.

“America’s ranchers deserve a strong, competitive marketplace that rewards their hard work and preserves opportunity for generations to come,” said Secretary Brooke L. Rollins. “Today, historically tight cattle supplies, the Biden administration’s anti-cattle focus, consolidation in and foreign ownership of meat packing and the reemergence of New World Screwworm have created extraordinary market conditions that are placing significant pressure on our independent and regional beef processors. Through the Strengthening Processing for U.S. Ranchers (SPUR) Program, USDA is taking targeted action to preserve the independent processing capacity that ranchers rely on, strengthen competition across the American beef supply chain, and support rural communities across the country. This is another important step in our Plan to Fortify the American Beef Industry by strengthening domestically owned processing capacity and ensuring America’s cattle producers continue to have strong market opportunities and meet America’s historically high beef demand. As we Make America Healthy Again, we are working to ensure American families have continued access to nutritious, high-quality American beef while promoting greater competition, a more resilient food supply chain, and long-term affordability at the grocery store.”

“Small and mid-size beef processors are essential to maintain the diversity of America’s food system,” said Under Secretary for Food Safety Mindy Brashears. “Supporting this processing capacity helps preserve market options for our United States ranchers, strengthens regional supply chains and ensures American families continue to have access to safe, high-quality beef produced here at home.”

“Competitive supply chains help ensure American ranchers have reliable markets for their cattle,” said Under Secretary for Farm Production and Conservation Richard Fordyce. “Through the SPUR Program, USDA is bolstering market opportunities for ranchers and supporting a resilient beef industry.”

These payments are authorized under the Commodity Credit Corporation Charter Act and are administered by the Farm Service Agency (FSA). Payments are intended to provide financial support to eligible beef processors who have faced increased costs of acquiring cattle for processing due to the abnormally low number of cattle being raised in the U.S at this time and other conditions currently impacting the cattle market. Additional information, including applications, will be provided to eligible entities using contact information that is currently on file with the USDA Food Safety and Inspection Service.

Entities eligible to receive funding under SPUR must be beef processing establishments under Federal inspection, as well as beef processing establishments inspected under the Talmadge-Aiken Cooperative Inspection Program and the Cooperative Interstate Shipment Program (CIS). Further, eligible entities must be U.S. owned and cannot be nationally dominant in beef processing (or owned by an entity that is). For purposes of SPUR, nationally dominant will be defined as an entity holding a market share greater than or equal to the entity holding the fourth-largest share of the beef processing market.

For decades, the beef processing industry in the U.S. has been heavily concentrated and today just four companies control nearly 85% of the beef processing market, including two foreign owned companies. Ensuring domestic processors can continue operating during this period where the U.S. cattle herd is at a 75-year low is critical to national security and will ensure a strong supply chain once the herd is rebuilt.

This new program also directly supports the USDA Plan to Fortify the American Beef Industry and the USDA Small Processors Action Plan (PDF, 2.3 MB) by ensuring American ranchers have access to regional processing capacity they rely on to support branded and value-added beef programs, such as the Product of USA label that USDA started promoting earlier this year.

SHERMAN – A Denton man who committed three armed robberies of banks in the Denton County area, has been sentenced to 78 months in federal prison, announced Eastern District of Texas, U.S. Attorney Jay R. Combs. Jonathan Mark Fleming, 41, pleaded guilty to bank robbery and was sentenced to 78 months in federal prison by U.S. District Judge Richard Schell on June 29, 2026.

According to court records, from November 2022 to February 2023, the defendant committed three armed robberies of banks in the Denton County area. For each robbery, the defendant dressed in all black, wore black gloves, black ski goggles and a black mask. He also brandished a firearm. During the first two robberies, the defendant arrived at the banks in a red Dodge Challenger. For the final robbery, he arrived in a Dodge Ram truck. Investigators were able to track the truck to the original dealership and learned the defendant had purchased the truck with a large cash payment and a trade-in of a red Dodge Challenger.

Having identified the defendant as a possible suspect, a search warrant was subsequently obtained for Fleming’s apartment on February 23, 2023. During the search of the apartment, Fleming was located as the sole occupant and was arrested. Officers also located items that they had observed on video surveillance from the robberies, including a black/gray duffel bag, black clothing, a black face covering, a gun belt with holster, and black ski goggles.

A large sum of United States currency, which was still wrapped in bank currency bands, was also located inside the apartment, as well as multiple firearms; specifically, a black M&P Smith and Wesson handgun in a holster (believed to be used in the robbery committed on November 10, 2022); a black newly purchased Glock handgun with a receipt; and two AR-style rifles. In addition, two police radio scanners and multiple receipts, detailing large deposits ranging from $19,000 to $40,000 into various bank accounts, were located. In all the defendant stole approximately $450,000.00 in cash from the three bank robberies.

This case was investigated by the Denton Police Department; Lewisville Police Department; Flower Mound Police Department; and the Federal Bureau of Investigation (FBI) and prosecuted by Assistant U.S. Attorney Matthew T. Johnson.

SAN MARCOS (THE TEXAS TRIBUNE) – San Marcos has become the first Texas city to ban data centers within city limits, banking on its local authority to stop the data center boom and setting a precedent for other municipalities to follow.

San Marcos City Council voted 4-3 on June 16 to define data centers and make them ineligible for any part of the city in its zoning laws, citing concerns that these developments would funnel water and energy resources from the local community.

The city has no data center projects proposed within its limits, although the threat has reached its borders where at least two data centers have been proposed in surrounding unincorporated parts of Hays County, according to Data Center Map, an industry research tool. Powerless to leverage any of their laws to outright ban data centers, Hays County commissioners recently passed a mostly symbolic resolution to pause data center development over severe water scarcity but the resolution isn’t legally binding.

San Marcos is testing a novel approach to outright ban data centers by exerting its home rule powers, which gives certain bigger cities — 352 of them across the state — the right to create their own zoning codes and control development, land law experts say. Compared to counties and cities without home rule powers or zoning authority, municipalities like San Marcos have a better chance at surviving legal challenges to their data center bans because of their expanded powers, experts say.

Some counties have tried testing their authority to restrict data centers but have failed. Early June, Hill County rescinded its data center moratorium after a developer sued the county for $100 million. Hood County commissioners also tried to pass a moratorium, but pulled it after state Sen. Paul Bettencourt, a Houston Republican who leads the Senate Committee on Local Government, asked for an attorney general opinion on whether counties have the right to enact such restrictions.

Similar to what he did with Hood County, Bettencourt told The Texas Tribune he plans to challenge San Marcos’ ban, arguing that it violates 2025’s House Bill 2559, which restricts the ability of municipalities to issue indefinite moratoriums on certain types of property developments and the state’s 2023 Death Star Law, which restricts municipalities from enacting local law that contradicts state law.

“They should not use zoning to ban anything everywhere in the city, because that’s not lawful under the state of Texas guidelines,” Bettencourt said. “[A ban] doesn’t work here, and this will get challenged.”

Texas is on track to become the top data center market in the U.S but a majority of Texans oppose the construction of data centers in their community, citing concerns over water usage, energy demand, and noise pollution. The issue has become bipartisan, drawing calls for regulation from Gov. Greg Abbott who recently wrote a letter to state regulators outlining proposals for data centers such as eliminating state sales tax exemptions for data centers.

While San Marcos is the first in Texas to ban data centers, local officials elsewhere are using whatever authority they have to restrict the rapidly growing industry without drawing the ire of the state government. Other home-rule cities are amending their land development code to restrict data centers. Cities and counties are also including restrictions in incentive agreements they enter into with developers.

“You’re seeing a lot of cities in the age of preemption being creative about things,” said Amanda Rodriguez, a San Marcos city council member.

Multiple cities interested in passing their own bans have reached out to San Marcos to see how the city will survive legal challenges from state lawmakers and private citizens who can also sue the city over its ban.

“All cities are watching what happens to San Marcos,” said Taylor Burge, a council member for Lockhart.
Threats to local control

In February, residents packed San Marcos’ City Hall and aired concerns about how a proposed 200-acre development by Highlander SM One LLC, a Fort Worth-based developer, could consume more than 25 million gallons of water annually from local aquifers. The council ultimately rejected the developer’s request to annex into the city.

Rodriguez first proposed the ban at the end of March, but fellow council members rejected it because of how restrictive it was. It received a new life when council member Lorenzo Gonzalez — who originally rejected the change — moved to reconsider it, seconded by council member Alyssa Garza.

“I think we debated this to death,” Gonzalez said in the council hearing. “The promised benefits remained speculative while many of the concerns raised by residents remained unresolved.”

The city’s ban works by defining data centers in the city’s land development code and setting restrictions on this type of future development, effectively making data centers impossible to build in the city.

“I don’t see how any business minded developer would want to reapproach, hoping they’ll read the room,” Garza said.

In response to San Marcos’ ban, Dan Diorio, vice president of state policy for the industry association, the Data Center Coalition, said the ban signals that San Marcos is “closed for business.”

“A local moratorium on data centers discourages further investment, both from the data center industry and other advanced industries,” Diorio said.

Land use experts and city council members believe San Marcos has a better shot at passing a ban because cities have more power in regulating land use than counties. Nearly half of the 248 data centers that are planned for development in Texas will be built in unincorporated areas.

Although land use bans are uncommon, “theoretically, I think the courts could uphold it,” said Robert Paterson, a University of Texas at Austin professor who specializes in land use and environmental planning. As long as the ban aligns with a city’s comprehensive plan — a long-range policy document which governs the protection of public health, safety, and general welfare — it falls within the city’s power.

But, the 2023 Death Star law complicates city authority. The Death Star law “theoretically pulled back home rule authority,” said Paterson, adding that it bars cities from exercising powers more stringent than those the state itself uses. Republicans and business groups argued that the Death Star was needed to undo a “patchwork” of progressive local policies that made it difficult to do business in cities and it remains unclear what local regulations are out-of-bounds under the law.

Paterson said the law has “a chilling effect on our ability to do our police power, protect the public health and safety,” which is one reason cities are being cautious now.

Bettencourt said a ban on any development has never been upheld in court and he is confident that the state will make San Marcos reverse its ban if a developer doesn’t file a private lawsuit first.

“If you overuse existing legal principles, eventually they get challenged, and/or … laws are changed to make it clear that this can’t happen,” Bettencourt said.

He also says San Marcos is violating HB 2559 that states that property development moratoriums can last no longer than 180 days, and according to Bettencourt, this would apply to San Marcos’ “de facto ban.” However, land experts said that this law would not apply to San Marcos because the city changed its zoning laws to ban data centers, and did not issue a moratorium.

While Bettencourt is among the Republican camp that support data centers, San Marcos’ state senator Judith Zaffirini, a Democrat, says the city’s decision reflects concerns that many communities across Texas share and that the City Council acted “decisively and appropriately” to ensure the safety of the community.

“Anytime you’re operating in the state of Texas and you’re wanting to do something that goes against the grain, there’s always that thought in the back of your head,” Rodriguez said about legal pushback to the ban.

In response to Bettencourt’s plans, Rodriguez said San Marcos’ ban is different from Hood County’s proposed moratorium, which Bettencourt contested using HB 2559. Council members said the Death Star law has yet to be tested in court and they’re willing to try.

“If they want to make this the precedent case for the bill, they’re gonna have to explain why this is the priority and not addressing the problem [data centers] at hand,” Rodriguez said.
What other municipalities are doing

Bans aren’t the only way to stop data centers. Smaller cities like Lockhart and Kerrville have adopted strict zoning rules that make it difficult for data centers to build, hoping the effect will feel like a ban without immediately triggering legal challenges. Cities that don’t have authority to approve development and counties are exploring other tools to signal or impose restrictions, including through resolutions and tax abatement agreements.

“I think the smartest cities in Texas are already doing this, but they’re doing it in such a way that is not going to raise the hackles of the state Legislature,” Paterson said.

Local lawmakers like Burge are communicating with other city and county officials to figure out what they are permitted to do to stop development in their communities. “This is a big game of telephone,” Burge said.

To pre-empt legal action, Lockhart and Kerrville have instituted regulations in hopes of banning data centers without having to technically ban them. They worry that outright bans would leave them open to lawsuits they do not have the resources to fight, said Burge.

In May, Lockhart City Council moved to define data centers in its zoning codes. The council limited data centers to one land-use category — heavy industry — confining such development to two areas in the city.

In addition to zoning restrictions, Burge also said they want to implement restrictions through special use permits, which add another layer of requirements for developers to meet before they are allowed to build. She hopes the “intense filtration” provided by a permit will have the same effect as a ban.

Like Lockhart, Kerrville City Council updated its zoning code to restrict — but not outright ban — where developers can build data centers. The council also added water capacity approvals, requiring developers to disclose cooling systems and water usage amounts. “My experience is that an outright ban usually ends up more contested,” said Drew Paxton, Kerrville’s director of planning and development.

For municipalities without zoning, like Alvin, they have passed resolutions declaring they don’t want data centers within their city limits. While these resolutions cannot produce anything actionable and are more symbolic, local officials hope state legislators will empower localities like them with more protections, said Dixie Roberts, Alvin’s assistant city manager.

“Resolutions do not have a lot of meat to it,” said Roberts, but the hope is “to get the word out that the council is not interested in this kind of development.”

Still, cities that are using other ways to restrict data centers instead of ban are not completely ruling out that a developer or the state will thwart their decisions.

“We know the state’s going to keep working on this [data center policies]. We don’t know which direction the state’s going to go, but let’s go ahead and get something in place in case we get a request,” said Kerrville’s Paxton.

Another way for cities and even counties to exert some control over data centers are in their incentive programs, such as Chapter 380, Chapter 381 and Chapter 312 agreements. For example, a city could offer a reduction in their property tax bill and in return, require additional development standards.

“This is a tool that counties could maybe use in this period of time when they don’t necessarily have a good amount of development authority,” said Kayla Landeros, a land law professor at Baylor University and a former Temple city attorney.

State lawmakers will likely decide whether to give counties more authority or strip cities of the power to make these kinds of bans, in the next legislative session, depending on what the general reaction is from constituents, said Landeros. San Marcos’ ban will be the first test of which direction state legislators will take.

“Local officials are in the best position to understand the unique needs, infrastructure constraints and priorities of their communities,” Zaffirini said.