Jobs, Energy, Technology, and Innovation Act (JETI), "Eligible Project" Definition Excludes Data Centers by Omission (Tex. Gov't Code § 403.602(8))

single-reviewer statute enacted tx-jeti-403-602-eligible-project-data-center-exclusion

This record is listed in full and read in part. Its identity, citation, docket, status and review state are open, and so are all 5 of its source documents with their pinpoints, so you can go read the primary text yourself. The first 3 extracted quotes are open too. The recorded term fields, and the remaining quotes, are in the $99 Texas pass and the $199 all-states pass. Pricing.

Record created 2026-08-20, last updated 2026-08-26. Snapshot built September 14, 2026. JSON

Fields, as recorded

State: TX
Kind: statute
Status: enacted
Agency: Texas Comptroller of Public Accounts (administering agency)
Citation: Tex. Gov't Code § 403.602(8) (JETI Act, ch. 403, subch. T, added by 2023 H.B. 5, 88th Leg., R.S.; § 403.602 amended by Acts 2025, 89th Leg., R.S., Ch. 1157 (S.B. 2900), Sec. 8(4), eff. June 20, 2025)
Effective: 2024-01-01
Mandatory: $99 Texas pass
Summary: $99 Texas pass
Locked fields: $99 Texas pass 2 recorded fields on this record are in the state and all-states passes.

Sources

5 rows, every one with a quote and a pinpoint. 3 quotes open here

Texas H.B. 5, 88th Legislature, Regular Session (2023), Enrolled bill text (JETI Act) statute two-reviewer
“(8) AA "Eligible project": (A) AA means a project: (i) AA to construct or expand a new or existing facility that is: (a) AA a manufacturing facility; (b) AA a facility related to the provision of utility services, including an electric generation facility that is considered to be dispatchable because the facility ’s output can be controlled primarily by forces under human control; (c) AA a facility related to the development of natural resources; or (d) AA a facility engaged in the research, development, or manufacture of high-tech equipment or technology; or (ii) AAto construct or expand critical infrastructure; and (B) AA does not include a project to construct or expand a new or existing: (i) AA nondispatchable electric generation facility; or (ii) AAelectric energy storage facility.”
p.3, SECTION 1 (adding Government Code § 403.602(8))
https://capitol.texas.gov/tlodocs/88R/billtext/pdf/HB00005F.pdf
Downloaded directly (PDF, 42 pages) and text-extracted with pdfplumber. Confirms 'data center' is not a listed eligible category and is not among the two explicitly excluded categories either -- it is excluded from the affirmative list by omission. Same 'AA' text-layer artifact noted for the S.B. 6 sources above appears in this bill PDF too (also a Texas Legislative Council enrolled-bill product).
Texas H.B. 5, 88th Legislature, Regular Session (2023), Enrolled bill text (JETI Act) statute two-reviewer
“SECTION A11. AA(a) Except as provided by Subsection (b) of this section, this Act takes effect January 1, 2024. (b) AA Section 10 of this Act takes effect September 1, 2023.”
p.40, SECTION 11
https://capitol.texas.gov/tlodocs/88R/billtext/pdf/HB00005F.pdf
Tex. Gov't Code § 403.602 (official codified text, Texas Legislative Council statute file server) statute two-reviewer
“(8) "Eligible project": (A) means a project: (i) to construct or expand a new or existing facility that is: (a) a manufacturing facility; (b) a facility related to the provision of utility services, including an electric generation facility that is considered to be dispatchable because the facility's output can be controlled primarily by forces under human control; (c) a facility related to the development of natural resources; or (d) a facility engaged in the research, development, or manufacture of high-tech equipment or technology; or (ii) to construct or expand critical infrastructure; and (B) does not include a project to construct or expand a new or existing: (i) nondispatchable electric generation facility; or (ii) electric energy storage facility.”
§ 403.602(8), current codified text
https://tcss.legis.texas.gov/resources/GV/htm/GV.403.htm
Added at the TX state gate (2026-08-20). Official codified statute text fetched directly via curl (raw HTML) from the Texas Legislative Council file server, the backing document host for statutes.capitol.texas.gov (whose Angular front end serves only an app shell to non-browser clients). This is a genuine primary source for current Texas statute text. CURRENCY CHECK: this is the definition as it stands after Acts 2025, 89th Leg., R.S., Ch. 1157 (S.B. 2900), Sec. 8(4), eff. June 20, 2025, and it is textually identical to the enrolled H.B. 5 version quoted on the companion row -- so the exclusion-by-omission finding is being measured against current law, not just the 2023 enactment. TERM-DEFINITION CHECK: the phrase 'critical infrastructure' in subsection (8)(A)(ii) is NOT defined anywhere in JETI. A full-text search of Subchapter T (§§ 403.601-403.623, ~48,000 characters) returns exactly one occurrence of the phrase, this one; the enrolled H.B. 5 likewise contains it only here. The word string 'data center' does not appear anywhere in Subchapter T. This row is the basis for the correction made to this instrument's summary at the gate.
Texas Comptroller of Public Accounts, 'Jobs, Energy, Technology and Innovation Act (JETI) Frequently Asked Questions' government two-reviewer
$99 Texas pass quote, 273 characters as extracted. The document, the pinpoint and the review state are open below.
'What types of projects are eligible?'
https://comptroller.texas.gov/economy/development/prop-tax/jeti/faq.php
Site Selection Group, 'Texas Jobs, Energy, Technology & Innovation Act (JETI) Adopted Rules Update' company two-reviewer
$99 Texas pass quote, 58 characters as extracted. The document, the pinpoint and the review state are open below.
Chapter 313 vs. Chapter 403/JETI comparison table
https://info.siteselectiongroup.com/blog/texas-jobs-energy-technology-and-innovation-act-jeti-adopted-rules-update