{
  "id": "tx-jeti-403-602-eligible-project-data-center-exclusion",
  "jurisdiction": "TX",
  "kind": "statute",
  "status": "enacted",
  "title": "Jobs, Energy, Technology, and Innovation Act (JETI), \"Eligible Project\" Definition Excludes Data Centers by Omission (Tex. Gov't Code § 403.602(8))",
  "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)",
  "docket_no": null,
  "agency": "Texas Comptroller of Public Accounts (administering agency)",
  "utility": null,
  "verification": "unverified",
  "updated_at": "2026-08-26T14:45:56+00:00",
  "record_url": "https://verifiedatlas.com/i/tx-jeti-403-602-eligible-project-data-center-exclusion/",
  "snapshot_built_at": "2026-09-14T14:33:17+00:00",
  "sources": [
    {
      "url": "https://capitol.texas.gov/tlodocs/88R/billtext/pdf/HB00005F.pdf",
      "pinpoint": "p.3, SECTION 1 (adding Government Code § 403.602(8))",
      "quote": "(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.",
      "quote_chars": 797,
      "title": "Texas H.B. 5, 88th Legislature, Regular Session (2023), Enrolled bill text (JETI Act)",
      "source_type": "statute",
      "verification": "verified"
    },
    {
      "url": "https://capitol.texas.gov/tlodocs/88R/billtext/pdf/HB00005F.pdf",
      "pinpoint": "p.40, SECTION 11",
      "quote": "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.",
      "quote_chars": 173,
      "title": "Texas H.B. 5, 88th Legislature, Regular Session (2023), Enrolled bill text (JETI Act)",
      "source_type": "statute",
      "verification": "verified"
    },
    {
      "url": "https://tcss.legis.texas.gov/resources/GV/htm/GV.403.htm",
      "pinpoint": "§ 403.602(8), current codified text",
      "quote": "(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.",
      "quote_chars": 765,
      "title": "Tex. Gov't Code § 403.602 (official codified text, Texas Legislative Council statute file server)",
      "source_type": "statute",
      "verification": "verified"
    },
    {
      "url": "https://comptroller.texas.gov/economy/development/prop-tax/jeti/faq.php",
      "pinpoint": "'What types of projects are eligible?'",
      "quote": null,
      "quote_chars": 273,
      "title": "Texas Comptroller of Public Accounts, 'Jobs, Energy, Technology and Innovation Act (JETI) Frequently Asked Questions'",
      "source_type": "government",
      "verification": "verified"
    },
    {
      "url": "https://info.siteselectiongroup.com/blog/texas-jobs-energy-technology-and-innovation-act-jeti-adopted-rules-update",
      "pinpoint": "Chapter 313 vs. Chapter 403/JETI comparison table",
      "quote": null,
      "quote_chars": 58,
      "title": "Site Selection Group, 'Texas Jobs, Energy, Technology & Innovation Act (JETI) Adopted Rules Update'",
      "source_type": "company",
      "verification": "verified"
    }
  ],
  "access": "Recorded term fields, and quotes past the first 3, are in the $99 state pass or the $199 all-states pass. Identity, citation, every source document and every pinpoint are open. https://verifiedatlas.com/pricing/"
}