U.S. Senate contender Ken Paxton took a beating for weeks on data centers before taking a stand on the explosive issue on Monday when he rolled out a four-point plan including two that are identical to Governor Greg Abbott's own position and federal legislation that's languished in committee all year.
"My Texas First Data Center Plan will protect our grid, our communities, and our children while ensuring America beats Communist China in the AI race," the state attorney general said in a post on X. "Texas First. Always."
Democrat James Talarico seized weeks ago on the volcanic backlash over the creation and development of artificial intelligence and made a plan to rein it in a central message in his campaign for the U.S. Senate. Talarico has blasted Paxton for taking hundreds of thousands from donors in the data center industry - and the Democrat has accused the AG of ignoring pleas from local interests to intervene on their behalf in opposition to data centers in their areas. Talarico unveiled a data center regulatory proposal a week ago that he billed as bipartisan and tougher than the Abbott plan that the industry says it will support.
Paxton has been on a tightrope on data centers as a result of President Donald Trump's vigorous advocacy for AI. Trump said Texas and other states were making a mistake by getting in the way of an industry that would be a major money-maker for the economy and government if allowed to prosper. Paxton is counting on Trump to give a Senate campaign that's struggled a winning lift with a fundraiser on Thursday in Houston and a novel pep rally that the GOP is staging in Dallas next month under the banner of national midterm convention.
The Paxton Texas First plan features as the opening bullet point a promise to author legislation as a senator that would prohibit data centers from using technology from China in their operations and infrastructure. Paxton said that such a measure would be unprecedented. Point two in Paxton's plan is a vow to sponsor a bill "to protect children by holding data center companies criminally liable if the center empowers AI chatbots that undermine children's safety."
The Paxton proposal includes a pledge to add his name as a co-author a Senate bill called the DATA Act of 2026, which he said "aims to aggressively eliminate outdated red tape and federal regulations and create new power systems that ensure that data centers do not raise electricity costs for Texans."
Sponsored by Republican U.S. Senator Tom Cotton of Arkansas, the measure that Paxton wants to help shepherd was referred to the Energy and Natural Resources Committee during the first week of January. It has been parked there since that time without a hearing or a vote. No other senators have signed on to the Cotton measure since its inception eight months ago.
Talarico ripped Paxton last week for his office's lingering silence on a request in February for an AG's opinion on a move in Hood County to block data centers from building there.
“Over the last few months, Hood County has received five applications for data centers, with some having companion power plant proposals,” County Attorney Matthew Mills said in the opinion request. “In response, many citizens have requested the Commissioners Court impose a moratorium to stop data centers from building in Hood County.”
Paxton may feel like he will get a pass from Trump if it appears like he's cracking down on data centers after remarks the president made on the issue late last week. “I want them to do what they want. Some people feel differently,” Trump said. “If a Republican’s against a data center, that’s OK with me."
more to come ...
My Texas First Data Center Plan will protect our grid, our communities, and our children while ensuring America beats Communist China in the AI race.
