By Ryan Kellus Turner, Executive Director, TMCEC
These days, it’s hard to read much of anything without encountering a reference to artificial intelligence, data centers, or both. Apparently, even Full Court Press isn’t going to be an exception.
For many Texans, particularly those living in rural communities, the rapid development of data centers is more than just another headline. These projects bring the prospect of economic development, but also understandable concerns about water resources, electricity demands, and their impact on local communities.
The issue hits close to home. Google has announced plans for a data center in Wilbarger County, near my hometown of Vernon and the former Oklaunion Power Station. The company recently held an open house for local residents, an example of the conversations taking place in communities large and small across Texas.
This summer, I spoke with Alejandra Martinez, an environmental reporter for The Texas Tribune. She was working on stories involving data centers, water consumption, and the enforcement of certain provisions of the Texas Water Code. Our conversations were part of her reporting for two articles published on September 14 and October 14.
Here’s the connection. Under Section 16.012 of the Water Code, the Texas Water Development Board conducts surveys of certain water users, including data centers, to help plan for future water needs. Failing to complete and return the survey is a Class C misdemeanor, punishable by a fine of up to $500. The offense isn’t about how much water a data center uses. It’s about failing to report that information.
The Texas Tribune’s reporting raised some familiar questions. How are these laws enforced? What happens when they’re violated? Are the consequences sufficient? These are hardly new questions. But Class C misdemeanors probably aren’t the first thing that comes to mind when considering artificial intelligence or data centers. They certainly weren’t for me.
When we think about Class C misdemeanors, traffic offenses and city ordinance violations naturally come to mind. After all, those cases make up the overwhelming majority of our dockets. But that’s only part of the story.
Historically, Class C misdemeanors have been at the forefront of the Legislature’s response to emerging technologies and evolving public policy. Consider the advent of automobiles and speed limits, cell phones and texting while driving, vaping and age restrictions, or drones and restrictions on their use.
In addition to city ordinance violations, municipal courts have jurisdiction over a wide range of specialized state-law fine-only offenses enacted by the Legislature and found throughout numerous state statutes. Some occupy an unusual corner of criminal law, attaching criminal penalties to violations of administrative and regulatory requirements that we might not ordinarily associate with criminal offenses.
How many are there? TMCEC’s Fine-Only Crimes, affectionately known as the “Green Book,” identifies approximately 1,300 such offenses across 26 different codes. Now in its tenth edition, the Green Book is an excellent resource for appreciating the breadth of fine-only criminal law in Texas. No matter how long someone has worked in municipal courts, it’s hard to imagine anyone being familiar with every offense it contains.
Still, just because an offense is on the books doesn’t mean it’s front of mind. Many are specialized and infrequently prosecuted. Some may never appear on the docket of a particular municipal court. Yet changing circumstances and unanticipated events can, in the blink of an eye, bring an otherwise obscure law front and center in the public consciousness.
Reflecting on my conversations with Alejandra and the articles that followed serves as a reminder of just how much ground Class C misdemeanors cover in Texas law, even if we don’t always realize it.
