Texans can have a say on data centers, if they demand candidates listen | Opinion

For weeks, my texts, emails and social media feeds have been filled with questions from people across Texas asking what they can do to prevent data centers from being opened near them. The issue has grown quickly in the public consciousness, with sentiments overwhelmingly negative.

A University of Houston survey found that while a vast majority of Houston-area residents (85%) use AI, “nearly 63% oppose the construction of data centers within one mile of their homes due to overwhelming concerns regarding power grid reliability and energy demand.”

Dallas-Fort Worth residents are hearing a lot about this, as nearby Hill County made national news for passing a one-year moratorium on construction. County Judge Shane Brassell, a Republican who supported the ban, told Politico that his constituents “are literally begging for help right now, and I have no other mechanism but this.” But he also started receiving lawsuit threats almost immediately, as state officials contend that counties do not have the authority to regulate data centers.

The battle is especially acute in Texas because so many data centers are sprouting up here, but it’s not limited to the Lone Star State. “More Americans say data centers have a negative effect on the environment, home energy costs and people’s quality of life nearby than say they have a positive effect,” Pew Research reports. Those who expressed an opinion overwhelmingly said the centers are more bad than good on each of those criteria.

Just like AI itself — the technology most new data centers are being built to support — the growth is outpacing our ability to plan for and control it. That also helps explain why the legal options are limited.

As a district attorney, I find myself explaining to people that there’s very little prosecutors like me can do. Short of a company committing a crime, these issues are out of the hands of law enforcement.

In general, local leaders have their hands tied on these issues as well. That lesson was learned more than 10 years ago, when Denton tried to ban fracking and was ultimately overruled by the state.

The Texas Regulatory Consistency Act establishes state control over most industries, banning local jurisdictions from passing their own bans. And in unincorporated areas like the section of Hill County at issue, landowners can assert rights to make their own choices about selling to industries. Any local ban is a tough uphill legal battle.

But there is something Texans can do: vote for candidates who promise to represent the will of voters at the state level.

So far, the future of data centers has not been a top issue in most races for state office. Those races are fueled largely by personal attacks, fearmongering and partisan divisions.

Voters can demand that data centers become a central issue in politics between now and the November midterms. We can insist that it be one of the first questions brought up at debates. We can show up at town halls to express concerns and ask what specific actions lawmakers will take to protect Texas’ local communities and economy.

We can move forward with data center construction in ways that are beneficial and mitigate harm. We can be careful and purposeful about where they’re built. We can demand cooling systems that do not use up our vital freshwater supplies, which should be reserved for drinking, crops and livestock. We can support technologists working to develop and improve other cooling methods, such as closed-loop, air and immersion stems.

The Legislature will consider bills that could have a dramatic effect on data center construction. At the same time, lawmakers are up for re-election. We can make clear how we want them to act if they want our votes. The League of Independent Voters of Texas is calling for a special session to block taxpayer subsidies for data centers.

This is a perfect example of an issue that can hit home and inspire civic engagement. The wheeling and dealing that overtakes our political scene leaves out the voices of us, the people. But we can speak up and be heard. Together, we can galvanize support for substantive action from state lawmakers.

Responding to such pressing needs is the least our leaders can do. We have every right to expect them to be responsive. And if they aren’t, we can let them know their time in office is up.

Sarah Stogner is district attorney of Texas’ 143rd Judicial District. Learn more at sarahstogner.com.