Ellis County commissioners unanimously ask Texas Legislature for limited authority to regulate data centers

Ellis County’s commissioners voted unanimously to adopt a resolution asking the Texas Legislature and state agencies to require greater transparency and give counties limited statutory authority to assess the infrastructure and resource impacts of large-scale data centers.

The resolution, presented and read into the record by Commissioner Louis Ponder, says that while data centers are critical infrastructure for commerce and national services, hyperscale facilities require “substantial electric generation, transmission capacity, and water resources” and that rapid, uncoordinated growth can threaten ERCOT grid reliability, local infrastructure and regional water supplies. Commissioner Ponder moved to approve the resolution; Commissioner Lane Grayson seconded the motion and the court voted without opposition.

Why it matters: Public commenters and county officials said the county currently lacks land-use tools to manage industrial-scale facilities in unincorporated areas. “This is about giving our counties the tools they need to protect property values,” said David Rogers, a landowner who said his family’s farm has been in his family for 151 years. Resident and HVAC technician Randy Bellamy urged the court to act on noise and water concerns: “I’m all for this resolution and that the county needs to do something,” he said.

Local officials emphasized outreach to state lawmakers. Commissioner Ponder said counties must press legislators to grant narrowly tailored authority and encouraged residents to lobby both parties’ precinct chairs. Patrick Suter, who identified himself as a Waxahachie city council member, cited studies from ERCOT and its regional counterpart suggesting large increases in peak demand tied to data-center growth and said counties should require disclosure of projected electricity and water consumption prior to final approval.

The resolution formally opposes the use of open-loop evaporative cooling systems that consume potable water in water-constrained regions and calls for enforceable safeguards to protect grid reliability, preserve agricultural lands and ensure transparent long-term water- and energy-use reporting. It requests that copies be sent to the governor, lieutenant governor, Ellis County legislators and appropriate state agencies.

Next steps: The court said it will transmit the resolution to state officials and encouraged residents to participate in interim hearings and contact legislators ahead of the 2027 regular session.