Legislative Intelligence
The Senate Just Put Data Centers on Four Committee Agendas
Patrick's interim charges assign data center growth, grid reliability, water consumption, and a $3.3 billion fiscal audit to four Senate committees. Your hearing schedule just doubled.
By James Dickey | March 2026
House Gave Two, Senate Gave Four
The House gave data centers to two committees. The Senate gave them to four. And the Senate went harder.
Lt. Gov. Dan Patrick released his second round of 2026 interim charges on March 27. If you read my breakdown of Speaker Burrows' House charges last week, the Senate version will look familiar in some places and sharper in others. Where the House said "streamline," the Senate said "balance." Where the House studied incentives broadly, the Senate named the $3.3 billion price tag and cited the Tax Code sections.
Here's what that means for your business.
Timing note: Patrick's charges direct Senate committees to study these topics ahead of the 90th Legislature, which convenes January 2027 with bill filing starting November 8, 2026. The full charges document is available as a PDF from the Lt. Governor's office.
Three Data Center Charges, One Committee
The Business and Commerce Committee didn't get a single data center charge. It got three. Each one hits the industry from a different angle, and together they cover every major regulatory proceeding affecting data center development in Texas.
"Managing Data Center Growth" is the broadest: "Study the adequacy of current statutory, regulatory, and infrastructure frameworks to meet the rapidly increasing demand from large electric loads, such as data centers. Recommend ways to balance economic development benefits of this growth against the impacts on landowners, private property rights, water infrastructure, and community integrity."
That single charge covers every pressure point in the current datacenter siting environment. Property rights. Water. Community pushback. Regulatory gaps. It's the widest data center directive either chamber has issued.
Notice what the charge doesn't say. It doesn't say "streamline regulations," the verb Speaker Burrows used in House State Affairs #9. It says "balance." That's a different political signal. The House charge leans pro-development with a community engagement caveat. The Senate charge starts from a neutral posture and asks the committee to weigh costs against benefits. Both chambers are studying data centers. They're asking different questions.
"Assessing the State of the Texas Electric Grid" directs the committee to "monitor rulemaking related to Senate Bill 6, 89th Legislature, including large load interconnection rules, cost allocation of transmission costs, and the progress made toward increasing confidence in Electric Reliability Council of Texas (ERCOT) load forecasts."
This is the grid reliability charge, and it touches every major regulatory proceeding currently affecting data center interconnection. PUCT Project 58481 is rewriting large load interconnection rules. The financial security deposit structure for large loads is under active review, with the comment period open through April 17. ERCOT's batch study process, which replaced the first-come-first-served queue, targets its first batch zero completion by mid-year. The committee will hear testimony on all of it.
The charge continues into Texas Energy Fund performance, post-Winter Storm Uri reforms at the PUC and ERCOT, and ERCOT market competitiveness. If you're working through SB 6 compliance, this hearing is where you explain what the rulemaking got right and what needs adjustment. Real-world implementation data carries weight.
"Modernizing Transmission and Enhancing Affordability" reviews "ERCOT's proposed changes to its interconnection process to determine what guardrails should be enacted to increase transparency and accountability." It also evaluates distributed energy resources, energy storage, and ways to "maximize existing transmission infrastructure and reduce congestion."
Read that interconnection language carefully. "Guardrails" and "transparency and accountability" signal that the committee expects to find problems. The batch study transition, the financial security deposit structure, the timeline from application to energization: these processes aren't just being examined for whether they work. They're being examined for whether they're fair.
Three charges, one committee. Sen. Charles Schwertner (R-Georgetown) chairs Business and Commerce, and his district sits adjacent to the Taylor/Hutto datacenter corridor where KDC just won a $2.5 billion campus approval with binding water caps. Schwertner will chair the most consequential datacenter hearings in the Senate.
The Fiscal Audit: Show Us the Receipts
The sharpest charge in either chamber belongs to the Finance Committee, chaired by Sen. Joan Huffman (R-Houston).
Read the language in full: "Since the passage of House Bill 1223, 83rd Legislature, in 2013, the state cost of providing a sales tax exemption to qualifying data centers has grown from an estimated $14.6 million for the 2014-15 biennium to a projected $3.3 billion for the 2028-29 biennium. Study the cost and consequences of the sales tax exemption provided to data centers under Tax Code Sections 151.359 and 151.3595. Make recommendations providing safeguards to ensure that Texans benefit from data center investment."
A 226x increase in a single incentive line. The charge names the exact dollar figures. It cites specific Tax Code sections. It tells the committee to determine whether Texans are getting their money's worth. That's an audit directive.
The House Ways and Means charge (#2) studies property tax relief and "the impact of exemptions" more broadly. The Senate Finance charge names the numbers. When both chambers ask the same question at different levels of specificity, expect the more specific version to drive the legislation.
This is the charge that answers what Wise County, Hood County, and other rural communities have been asking: is the deal working for Texas, or just for the developers? Those county resolutions calling for legislative intervention now have a dedicated committee studying exactly that question.
Sen. Paul Bettencourt (R-Houston) sits on Finance. He's the senator who called Hood County's datacenter moratorium illegal on preemption grounds. He was right on the law. But he'll now sit on the committee examining whether the economic deal justifies the political friction those communities are experiencing. Watch that dynamic. Schwertner also sits on Finance, which means he'll participate in both the regulatory and fiscal examinations of data center policy. If you're preparing testimony, assume he'll hear it twice.
Water: A Two-Chamber Priority
The Water, Agriculture, and Rural Affairs Committee, chaired by Sen. Charles Perry (R-Lubbock), received "Assessing the Water Demands of Energy-Intensive Technologies." The charge directs the committee to "examine the current water consumption rates for high-consumption cooling technologies, including data centers" and "make recommendations to improve transparency for local water providers and ensure industrial growth does not compromise the affordability of water for Texas residents and agricultural producers."
Perry chairs from Lubbock. His district and the adjacent SD-31 (Vice-Chair Kevin Sparks, covering the Permian Basin) are ground zero for the West Texas hyperscale buildout. Microsoft and Crusoe are building a 2.1-gigawatt campus in Abilene with a 900-megawatt gas plant. Meta's committed $10 billion to El Paso with 1 gigawatt of capacity targeted by 2028. Two of the largest AI infrastructure projects in American history are drawing power and water from the same arid corridor Perry and Sparks represent.
The committee members representing those districts will hear testimony about water consumption from constituents who drink from the same aquifers these facilities plan to cool with. That's a different dynamic than a Houston or Dallas committee member evaluating the same numbers in the abstract.
The House gave water to Natural Resources (#5), which studies water use "particularly in water-stressed regions." The Senate gave it to Water, Agriculture, and Rural Affairs. Two committees, two chambers, two hearing schedules. Water now has dedicated committee resources on both sides. It's not a footnote in permitting applications anymore. It's a standalone legislative priority.
Separately, Water/Ag/Rural Affairs also received "Evaluating Desalination Viability and Regulatory Efficiency," studying the practicality of desalination in high-feasibility regions. If your water strategy includes non-traditional sources, this charge shapes the regulatory pathway. Developers who arrive at Perry's committee with binding water commitments, closed-loop cooling systems, and transparent consumption reporting will be better positioned than those offering projections and pledges.
The 765-kv Transmission Fight
One charge has no House parallel. Business and Commerce received "Managing the Impacts of 765-kv Transmission Lines on Private Property Rights." The committee will "review the proposed 765-kv transmission line route plans to determine their impact on homes, businesses, and communities" and "assess whether the current regulatory processes and timelines are sufficient in protecting landowner rights."
765-kv lines are the backbone infrastructure that serves gigawatt-scale loads. Data center developers need them built. Landowners along proposed routes don't want them. This charge puts the committee squarely in the middle of that fight.
The charge also asks the committee to "recommend ways to improve transmission planning, permitting, and siting decisions for the infrastructure necessary to serve growth in the state." That second half is the pro-development counterweight. The committee's job is to make the process fairer for landowners while still building the lines.
If your project depends on transmission infrastructure that hasn't been permitted yet, this hearing determines the political environment for that permitting. Engage before the committee report is written, not after.
AI Workforce and Regulatory Monitoring
Sen. Angela Paxton (R-McKinney) chairs the Economic Development Committee, which received "Preparing the Texas Workforce for AI," studying AI's impact on workforce competitiveness, upskilling, and private-sector-led innovation.
Business and Commerce will also monitor implementation of four bills that directly affect AI infrastructure operations:
SB 1964 (89th Legislature): regulation and use of artificial intelligence systems and data management by governmental entities
HB 14 (89th Legislature): support for development of the nuclear energy industry
HB 149 (89th Legislature): regulation of AI use, providing civil penalties
HB 150 (89th Legislature): establishment of Texas Cyber Command
Nuclear energy and AI regulation are on the same monitoring list. For developers building toward next-decade baseload power through small modular reactors or advanced nuclear, the committee's oversight of HB 14 shapes the regulatory environment those projects will operate in. For AI operators, SB 1964 and HB 149 define what compliance looks like.
Where Both Chambers Align
When both chambers study the same issue independently, legislation in the next session is more likely. Four areas now have parallel charges.
Data center growth and regulation. House State Affairs #9 + Senate Business and Commerce. The House frames data centers as a competitiveness asset. The Senate frames them as a balancing act. Both will hold hearings. The committee reports will show where the compromise lands.
Water consumption. House Natural Resources #5 + Senate Water/Ag/Rural Affairs. Both committees want transparency. The Senate charge goes further, adding the explicit concern about "affordability of water for Texas residents and agricultural producers." That's not just a disclosure mandate. It's a cost-of-living frame that plays differently in committee.
Grid reliability and interconnection. House State Affairs #9 + Senate Business and Commerce (two charges). Both chambers are watching PUCT Project 58481 and the ERCOT interconnection overhaul. If you're in the queue, prepare testimony for both rooms with real-world data on timelines, costs, and process friction.
Property tax and incentives. House Ways and Means #2 + Senate Finance. The Senate charge names the $3.3 billion figure and cites Tax Code sections. That level of detail signals legislative intent, not academic study.
Four overlapping areas. Four opportunities for parallel testimony. Four vectors pointing toward 2027 bills.
What to Do Now
1. Track hearing schedules in both chambers. Business and Commerce (Senate) and State Affairs (House) will hold the most consequential hearings for data center policy. Finance (Senate) and Ways and Means (House) drive the tax incentive conversation. Hearing notices appear on the Legislature's committee calendar. Monitor it.
2. Prepare testimony for both rooms. Same topics, different committees, different political dynamics. Your message should be consistent across chambers but calibrated to each committee's charge language. The House says "streamline." The Senate says "balance." Tailor accordingly.
3. Lead with data, not talking points. The Finance Committee charge names specific dollar figures. Respond in kind. Economic impact data, job creation numbers, capital investment commitments, property tax revenue generated, water conservation metrics. If you can't quantify it, don't testify about it.
4. Engage on water proactively. Two committees in two chambers studying your water consumption means twice the scrutiny. Binding commitments, closed-loop systems, and transparent reporting are table stakes. Taylor City Council set the standard: KDC's $2.5 billion campus got approved with a cap of 5 million gallons per building, closed-loop required, city manager sign-off for every refill. Expect other jurisdictions and committees to reference that model.
5. Watch the 765-kv transmission hearings. If your project depends on transmission buildout, the political fight over route siting affects your timeline. This charge has no House parallel, which means the Senate committee report will be the primary document shaping transmission property rights legislation.
6. Build committee relationships now. April meetings with committee chairs' policy directors carry more weight than February session hallway conversations. Schwertner, Perry, and Huffman are the three chairs who'll produce the most consequential data center policy recommendations. Their staff is available now. See our interim charges hub page for full committee rosters and cross-member analysis.
The hearing schedule just doubled. The committees are staffed, the charges are assigned, and the chairs know what they're studying. The question isn't whether data center policy moves in 2027. It's who writes it.
Frequently Asked Questions
What did the Senate interim charges say about data centers?
Four Senate committees received charges directly affecting data centers. Business and Commerce will study data center growth, grid reliability, and transmission infrastructure. Finance will audit the $3.3 billion data center sales tax exemption. Water, Agriculture, and Rural Affairs will examine water consumption by energy-intensive technologies including data centers. Economic Development will study AI workforce preparation. The full charges document is available from the Lt. Governor’s office.
How do the Senate charges compare to the House charges on data centers?
The House assigned data centers to two committees (State Affairs and Natural Resources). The Senate assigned them to four (Business and Commerce, Finance, Water/Ag/Rural Affairs, and Economic Development). The House framing emphasizes regulatory streamlining and competitiveness. The Senate framing emphasizes balancing benefits against impacts on landowners, water, and communities. Both chambers will hold hearings, and the overlap signals where 2027 legislation is most likely.
What is the Senate Finance Committee studying about data center tax exemptions?
The Finance Committee will audit the data center sales tax exemption under Tax Code Sections 151.359 and 151.3595. Since the exemption was created by HB 1223 in 2013, its cost to the state has grown from $14.6 million (2014-15 biennium) to a projected $3.3 billion (2028-29 biennium). The committee is directed to recommend safeguards ensuring Texans benefit from data center investment. JD Key tracks this study and advises clients on positioning.
How can companies participate in Senate interim hearings?
Senate committees accept invited and public testimony during interim hearings. Written submissions carry weight even without in-person appearance. Companies should monitor hearing schedules on the Legislature’s committee calendar, prepare testimony calibrated to each committee’s specific charge language, and build relationships with committee staff during the interim. JD Key helps clients identify appropriate committees, prepare testimony, and develop interim engagement strategy.
Which senators matter most for data center policy?
Sen. Charles Schwertner (R-Georgetown) chairs Business and Commerce and sits on Finance and Economic Development, making him the single most consequential senator for datacenter policy this interim. Sen. Charles Perry (R-Lubbock) chairs Water/Ag/Rural Affairs, covering water consumption in the West Texas corridor where major hyperscale projects are being built. Sen. Joan Huffman (R-Houston) chairs Finance, overseeing the $3.3 billion tax exemption audit. JD Key provides full committee rosters and cross-member analysis for clients tracking these hearings.
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Legislative Intelligence
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