SAN MARCOS — Hays County is joining an increasing push for state lawmakers to give local governments more regulatory authority over industry.
The demand came after county commissioners on Tuesday postponed action on a proposal from County Judge Ruben Becerra for a 30-day moratorium on approvals of water-hungry developments including the data centers rapidly popping up across the state. They called on Gov. Greg Abbott to give them more authority.
“I have always been a pro-business county judge, but this is something that is not necessarily pro business,” Becerra said. “We are in a moment of crisis.”
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A moratorium, he said, would give county staff and commissioners time to better understand water scarcity in the area and how large developments affect the supply of both water and power. He had proposed a 30-day moratorium on developments requiring more than 20,000 gallons of water per day.
Commissioners decided to delay his resolution over concerns that such a pause goes beyond the county’s legal purview.
“We want to be able to say no (to data centers). My biggest thing is I hate telling people there is nothing I can do about it,” Precinct 3 CommissionerMorgan Hammer said. “I want to go to the Legislature … Creating good policy with teeth, that’s exactly what we need. And we need our state Legislature to step up and do that for us.”
Hays joined Hood County and some state lawmakers in calling on the Legislature to give counties authority to regulate zoning, developments and utilities. Under state law, they have limited control over fire code, roadway access, re-platting, groundwater and septic issues. Counties do not have the ability to regulate zoning, development requests or to propose moratoriums.
During several hours of public comment and discussion, commissioners said the lack of legal authority was increasingly frustrating as Texas becomes a beacon for industrial projects requiring massive amounts of water.
After tabling the proposed moratorium, the commission said Abbott should call a special session on the issue. Commissioners also asked water utilities to enter a stage four drought emergency response, which would pause the issuance of industrial water permits.