Despite tough talk from Abbott and Paxton, Texas penalties for data center violations are light
Texas officials are pressing data centers to comply with required water-use surveys, but violations carry a maximum fine of only $500 and enforcement has historically been limited. Most surveyed facilities have not responded, raising concerns about the state's ability to measure data center water demand and protect scarce resources as the industry expands.
Gov. Greg Abbott and Attorney General Ken Paxton have directed Texas agencies to pursue data centers that failed to submit legally required water-use surveys. The Texas Water Development Board is expected to report on its enforcement efforts, while county and district attorneys may decide whether to pursue criminal cases. However, officials and legal experts say the available penalties are limited: fines are capped at $500, data centers generally are not eligible for the state funding that could be withheld, and existing permits cannot be revoked solely for failing to complete a survey.
Only about 30% of the 329 facilities surveyed last year responded, leaving state planners without enough information to include data center consumption in the state's next water plan. Reported use among responding facilities rose to 1.4 billion gallons in 2025, though the total industry figure is likely much higher. Meta reported that its Fort Worth facility uses about 72 million gallons annually and said it supports water transparency and efficient cooling, while environmental advocates argued that stronger enforcement and better data are needed before lawmakers consider additional protections.