TX Data Center Moratorium Tracker

Zoning, ordinance, or regulatory orderPassed

Austin County Order Regarding Battery Energy Storage Systems and Data Centers

Austin County Commissioners Court unanimously adopted a countywide order/moratorium-style regulatory review on new AI data center and BESS developments, requiring a comprehensive health-and-safety review, fire marshal plan review, and equipment manufacturer audits before any new construction can be permitted in unincorporated areas of the county.

Jul 27, 2026Ordinance adopted — Austin County Commissioners Court unanimously adopted a countywide order/moratorium-style regulatory review on new AI data center and BESS developments, requiring a comprehensive health-and-safety review, fire marshal plan review, and equipment manufacturer audits before any new construction can be permitted in unincorporated areas of the county. source

Zoning, ordinance, or regulatory orderPassed

BESS and Data Center Health and Review Order

Since moratoriums are illegal under Texas law, Austin County passed the "BESS and Data Center Health and Review Order," setting heightened regulations on the approval process for data center and BESS developments in unincorporated areas. Followed an earlier moratorium/ordinance discussion.

May 11, 2026Ordinance adopted — Health and safety review order adopted.
Mar 9, 2026Introduced on agenda — Initial discussion of moratorium/ordinance on data centers and BESS.