Texas AG data center water-reporting investigation (2026)

Texas — Attorney General Paxton Opens an Investigation Into Hundreds of Data Center Developments That Did Not Answer the TWDB Water Use Survey (September 2026)
Texas · Texas OAG press release (Sept. 24, 2026)

Status
In effect
Took effect
September 24, 2026
Applies to
Data center developments in Texas that are subject to the TWDB water use survey.
Enforced by
Office of the Attorney General of Texas

On September 24, 2026, Texas Attorney General Ken Paxton announced that his office is investigating data center developments in Texas that have not answered the Texas Water Development Board's water use survey. State law requires the Board to survey entities that use groundwater or surface water for municipal, industrial, power generation or mining purposes. Paxton is demanding that every data center in Texas submit a survey response that fully complies with the law. The first round of the investigation covers data centers in 18 counties, including Harris, Dallas, Travis, Bexar and El Paso.

Who is protected: Texas communities and water resources, through enforcement of data center water-use reporting.

Legal detail

Office of the Attorney General of Texas press release, Sept. 24, 2026 (a Thursday): 'Attorney General Paxton Launches Landmark Investigation into Hundreds of Data Center Developments in Texas to Ensure Compliance with Water Use Reporting Requirements.' Scope: data center developments that have not responded to the Texas Water Development Board (TWDB) water use survey; the OAG describes 'an ongoing investigation into all data center developments in Texas' and demands that all data centers submit a survey response in full compliance with the law. Initial counties (18): Harris, Montgomery, Travis, Dallas, Tarrant, Smith, Bexar, Tom Green, Potter, Randall, Lubbock, Midland, Ector, Wichita, Victoria, Brazos, Nueces, El Paso. Paxton quote: 'My office is currently investigating hundreds of data center developments.' Statutory background per Dallas Express (not in the OAG release): the survey duty covers municipal, industrial, power-generation and mining water users; TWDB identifies data centers as industrial survey respondents; failure to complete the survey is a Class C misdemeanor and, per TWDB guidance, can make a respondent ineligible for certain TWDB financial assistance and TCEQ water permits/renewals. Follows Gov. Abbott's Sept. 14, 2026 TWDB directive (Texas TWDB data center water reporting penalties (2026); TWDB update due Oct. 14). NOT ESTABLISHED: investigative instrument (e.g., CIDs), response deadline, named companies, any charges or suits filed.

Key facts

JurisdictionTexas
LevelState
StrengthModerate
EnactedSeptember 24, 2026
CitationTexas OAG press release (Sept. 24, 2026)
Private right of actionNo, agency enforcement only
PenaltiesNone announced. Background law (per Dallas Express): failure to complete the TWDB survey is a Class C misdemeanor and can trigger ineligibility for certain TWDB financial assistance and TCEQ water permits.
Topicsdata-center siting and energy · AI disclosure and transparency · consumer protection
Agency pageAttorney General Paxton Launches Landmark Investigation into Hundreds of Data Center Developments in Texas to Ensure Compliance with Water Use Reporting Requirements (Texas OAG, Sept. 24, 2026)

More AI rules in Texas

Related data-center siting and energy rules elsewhere

See something wrong or out of date? Submit a correction. Every entry must carry a verifiable source.