Texas and the Controversial Crypto Mining Bill - America's Bitcoin ATMs
June 2, 2023 4:02 pm in

Texas and the Controversial Crypto Mining Bill

Texas has recently emerged as a hub of the crypto industry in the United States. A focal point of this evolution has been the state’s approach to cryptocurrency mining regulations, highlighted by the controversial Senate Bill 1751.

In late April, over a hundred people gathered near the Texas Capitol building to protest Senate Bill 1751. This bill, which has already passed the State Senate and moved to the Texas House of Representatives, is set to strip cryptocurrency mining operators of specific tax incentives. This unique move is particularly puzzling, considering Texas’s otherwise supportive stance toward cryptocurrencies, having already enshrined the right to own and use cryptocurrencies in the state’s Bill of Rights.

A Decade-long Journey Towards Regulation

Nearly ten years ago, Texas became the pioneer in addressing Bitcoin regulation. In a memo issued by the Texas Banking Commissioner, Bitcoin has been deemed a speculative investment rather than money, a position that shielded early adopters from regulatory scrutiny. Over the years, Texas has gradually solidified its regulatory stance on cryptocurrencies, becoming a significant destination for crypto businesses. In 2021, the Texas Department of Banking announced that local banks could store cryptocurrencies for their clients, and cryptocurrencies were recognized under commercial law.

The state’s appeal was more comprehensive than its regulatory stance; Texas also presented attractive crypto-mining conditions, primarily due to its low energy prices for industrial clients. Following China’s crackdown on crypto mining in 2021, Texas started to attract global attention from large miners.

Balancing Mining and Energy Demand

Senate Bill 1751, controversially dubbed the “anti-Bitcoin bill,” seeks to control the growing energy demand from the crypto mining industry. Beginning in September 2023, the bill proposes to cap crypto mining facilities’ share of total energy demand at 10%. Under a state program compensating for load reductions, the cap applies only during extreme events such as heat waves or winter storms.

Despite the criticism, proponents argue that the bill will benefit most miners, considering the energy threshold it sets. However, as crypto mining grows, the bill’s long-term effects remain uncertain. Crypto mining is expected to add 27 gigawatts of demand to the Texas grid by 2026, which could consume a significant portion of the grid’s current maximum capacity of 92 gigawatts.

A Dual Approach to Mining Regulation

Amid the ongoing controversy surrounding Senate Bill 1751, Texas legislators are simultaneously supporting the mining industry through other legislative initiatives. Recently, SB 1929 and HB 591 passed through the legislative stage recently, signaling significant support for miners. SB 1929 requires miners with an energy capacity larger than 75 megawatts to register with the Public Utilities Commission of Texas. Meanwhile, HB 591 will introduce tax exemptions for companies that use otherwise wasted gas, including data centers.

These bills underscore that Texas remains a jurisdiction of choice for Bitcoin, blockchain, and digital assets. Although SB 1751 was halted at the committee stage, the session’s conclusion was more of a temporal pause than an outright opposition. The next session, starting in January 2025, may see the bill reintroduced.

The Balance

The path Texas has chosen to navigate the balance between technological innovation and regulatory oversight highlights the complexities of adapting to the rapidly evolving landscape of cryptocurrencies and blockchain technology. As Texas continues establishing its stance on cryptocurrency mining and the more significant crypto industry, other states and countries will likely take cues from its pioneering approach. As we tread forward, Texas appears to be ground zero for the continuing debate on cryptocurrency regulation, setting the stage for the unfolding drama of digital currency policy-making.


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