Texas governor orders a halt to data-center permitting pending state agency audits of previous approvals.
On Sept. 21, 2026, Texas Governor Greg Abbott directed the Texas Commission on Environmental Quality (TCEQ) to halt permits for data center projects pending completion of a statewide audit by the Electric Reliability Council of Texas (ERCOT). No state agency may advance regulatory approvals for data center development until the Public Utility Commission of Texas (PUCT), Texas Water Development Board (TWDB), and ERCOT have obtained and reviewed the audit assessing projects' impacts.
The directive extends a broader state review. On June 10, Abbott directed PUCT and ERCOT to assess data centers' impact on electric infrastructure and residential ratepayers. On Aug. 3, he paused Batch Zero large-load interconnections. On Sept. 14, he directed TWDB to enforce water-use reporting requirements and audit data center water consumption in coordination with ERCOT. Before additional permitting moves forward, state agencies must assess data centers' impact on grid reliability, security, residential rates, and local water resources.
Abbott instructed PUCT to require data centers to fully fund supporting electric infrastructure and prevent costs from being passed to residential customers.
Abbott directed TWDB to enforce compliance with Texas water-use survey requirements, pursue enforcement actions for reporting failures, and coordinate with ERCOT on water consumption, supply sources, and efficiency measures. Data centers failing to comply may face statutory penalties.
TCEQ must align permitting with the governor's directives and findings from ERCOT and TWDB audits. It must provide a compliance update by Oct. 19, 2026. No fixed end date has been set for the permitting halt; future approvals depend on audit completion and agency review.
The directives indicate that data center projects will face heightened scrutiny on electric load, water use, and community impact. Projects should prepare to:
Meet new interconnection standards requiring non-refundable contributions toward construction, substantial financial security, and long-term minimum-billing contracts designed to protect residential rates;
Supply information for ERCOT and TWDB audits, reviews, and reporting;
Report electricity and water usage as required by applicable law, regulation, or agency request;
Address potential impacts on local water resources, including source, availability, and efficiency of water use; and
Monitor and comply with any applicable or subsequently enacted setback, noise-mitigation, or community-protection requirements.
Abbott signaled intent to work with the state legislature to codify these protections and pursue additional measures. Potential legislative initiatives include phasing out tax incentives, mandating water-efficient cooling, requiring usage reporting, establishing setback and noise-mitigation requirements, and encouraging data centers to offset incremental grid demand with generation capacity.
Industry participants should monitor recommendations from PUCT, ERCOT, and TWDB on data center costs, design, permitting, and operations. Watch for legislation in the 90th legislative session, opening Jan. 12, 2027.