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November 5, 2026

What Tuesday's Election Means for the Oil Patch

The short version

  • Democrats won the U.S. House and Senate and, in Texas, the governor's office, the Texas House, a U.S. Senate seat and a seat on the state's oil and gas regulator.
  • In Washington, the President still holds the veto through January 2029, and U.S. oil output rose under each of the last four administrations.
  • Oil fell more than $15 in three days on bets that the Iran war ends sooner. No deal is signed, and U.S. diesel stocks just fell to their lowest since 2003.
  • The bigger risk for Texas producers is state rules on flaring, fracking and setbacks. We're not California, but we're closer than we were on Monday.
  • Voters turned on data centers, and that takes some of the shine off natural gas demand without erasing it.

Texas elected its first Democratic governor since Ann Richards in 1990.1 The Associated Press called the race for Gina Hinojosa over Greg Abbott,2 NBC and CBS projected James Talarico over Ken Paxton for the U.S. Senate,3 and Jon Rosenthal is the first Democrat elected to the Railroad Commission, the state's oil and gas regulator, since 1990.4 In unofficial counts early Wednesday, Talarico led about 54.9% to 43.1%5 and Hinojosa about 52.7% to 45.8%.6 In Tarrant County, Democrats won every contested countywide race and a 4-1 majority on the commissioners court.7, 8

Nationally, the AP called both the House and the Senate for Democrats.9 The Senate races in Alaska and Mississippi were still too close to call.10

If you own energy, or just pay for it, you want to know what changes. Less than the headlines suggest in Washington. Some in Austin. The most on the power grid.

Voters were mad about the bill

In the exit poll run for the networks and the AP, cost of living was a crucial or major factor for 89% of voters and the war in Iran for 74%. And 54% said they were very concerned about utility costs.11 The Texas Tribune's read was that "the crushing cost of groceries and gas hit the Republican brand especially hard."12 On the eve of the election, gasoline was up 38% from a year earlier13 and diesel was up 68%.14

Texans in one September poll pointed to the war. UMass Lowell found 72% of likely voters named the Iran war as the main cause of higher energy costs, and 4% named AI data centers.15

The swing among young voters tells you how fast patience ran out. In 2024, 56% of young men backed President Trump. On Tuesday, 63% of them voted for Democrats for the House. Young white voters went from 54% for Trump to 62% for Democrats, though those comparisons set a presidential race against House races.16 The typical first-time homebuyer in America is now 40 years old.17 If you're 22, the price of diesel lands on top of a house you already can't see how to buy.

The oil market voted first

By Wednesday afternoon, December crude had fallen about $8 to about $88.50 a barrel, and more than $15 since Friday's close. Brent, the global benchmark, was about $95.18 Vice President JD Vance gave traders their headline: "The reason we lost is the war." President Trump told the Financial Times he had no immediate plans to strike Iran, and told Fox News of the defeat, "I think it's the gasoline price."19 "The elections are leading the market to conclude that Trump might now be inclined to make a deal," said Andy Lipow of Lipow Oil Associates.20 Democratic senators have also talked openly about using spending power to pressure an end to the war, and Sen. Richard Blumenthal called it "the most likely means."21

No deal exists yet. A senior Iranian official said this week the two sides remain far from one,22 and a tanker was hit off Oman on Tuesday.23 Carl Larry of Enverus said, "I'm more concerned that we can see an escalation in Iran sooner than a resolution."24

The headline price misses two things. The first is what's in the tanks. EIA reported Wednesday that U.S. stocks of diesel and heating oil fell to 99.3 million barrels, the first time under 100 million since 2003. They stood at 120.8 million in late February, as the war began.25, 26 Diesel futures still trade about $89 a barrel above crude,18 and diesel at the pump is $6.27, up $2.58 from a year ago.27 Cheaper crude helps, but it doesn't refill a diesel tank. Refining is the bottleneck.

The second is further down the futures curve, the prices for oil delivered in later months and years. Oil for delivery in December 2028 fell under $70 (Figure 1).18 Those later prices are what drilling budgets get built on, because a well produces for years. So the headline that helps you at the pump can also slow the next round of American drilling, in the same week U.S. crude output hit a weekly record of 14 million barrels a day.25

WTI crude futures by delivery date, Friday close versus Wednesday afternoon, December 2026 through December 2028
Figure 1. The front of the curve fell the most, and the back fell under $70. Friday settles and Wednesday 2:31 p.m. CT delayed quotes. Source: NYMEX via Barchart.

Congress flipped, and the President still holds the veto

President Trump holds the veto until January 2029, and Democrats, at about 54 Senate seats, won't have the two-thirds needed to override it.10 That means the 2025 budget law, which cut the onshore federal royalty back to 12.5% and ordered 30 Gulf lease sales, stays on the books.28 The Congressional Review Act, the fast track Congress uses to kill regulations, also needs the President's signature or an override.29

History says divided government blocks the big swings and still passes energy law, usually attached to a bill that has to pass. The closest match to this year is 2006, when Democrats took both chambers under a Republican President.

ElectionWho held whatWhat got blockedWhat passed
2006D Congress, R PresidentRenewable power mandate and oil subsidy repeal, stripped in the Senate302007 energy law: 35 mpg standard and a bigger ethanol mandate30
2014R Congress, D PresidentKeystone XL, vetoed3140-year crude export ban lifted in a 2015 spending bill, paired with wind and solar credits32
2018D House, R Senate, R PresidentHouse offshore drilling bans, not expected to move in the Senate33Energy Act of 2020, inside a spending bill34
2022R House, D Senate, D PresidentHouse energy package, "dead on arrival"35Permitting deadlines and the Mountain Valley pipeline, in the 2023 debt-limit law36

Table 1. Four divided-government elections since 2006: the big bills stall and the deals ride on must-pass legislation.

What the new majority can do is ask questions under oath. S&P Global expected a Democratic House to investigate Interior's offshore wind buyout and to use subpoena power on gas and LNG.37 Before the vote, Standard Chartered's Emily Ashford said a sweep "would not automatically reverse" oil and gas policy but expected more uncertainty and a harder road for energy bills, with sharper effects on natural gas and LNG infrastructure.38 LNG is natural gas chilled to a liquid so it can ship overseas. In February, Sen. Elizabeth Warren and nine colleagues asked Energy Secretary Chris Wright to reverse course on doubling LNG exports,39 and Sen. Jeff Merkley has a bill that would treat new export terminals as against the public interest if they raise consumer prices.40 The Energy Department still makes those approvals under this President.

The first test comes Monday, Nov. 9, and none of Tuesday's winners get a vote. The outgoing Senate takes up a bipartisan permitting bill that would shorten reviews and lawsuits and make data center developers pay their own electricity costs. It needs 60 votes to advance,41 so with 53 Republican seats, at least 7 Democrats have to say yes less than a week after their party won. Rep. Jared Huffman, the top Democrat on House Natural Resources, says "Folding our hand now or in the lame duck makes no sense." Rep. Scott Peters, also a Democrat, says it "ought to be voted on this Congress."42 Even if it clears the Senate, it still has to be squared with a bill the House passed last year.43 It would also limit the government's ability to rescind permits already in effect.44 For anyone financing a pipeline or a power plant, that limit matters most.

U.S. crude production and oil and gas rig counts since 2009, with presidential administrations shaded
Figure 2. Output climbed under each administration while rig counts swung widely. Shaded bands mark administrations. Latest data: crude August, rigs September. Source: EIA; Basin Ventures analysis.

Washington also gets too much credit and too much blame for the barrels. U.S. crude went from 5.1 million barrels a day in January 2009 to nearly 14 million in August45 while oil rigs went from 328 to 452,46 so each rig is doing about twice the work. Federal land and waters together produced about a quarter of U.S. oil in 2024, about 13% onshore and 14% offshore. The rest came from state and private land.47

The price answers to the world, and this week it answered to the war.

Austin changes more, but not overnight

Hinojosa takes office in January48 with executive action, appointments, special sessions and the veto.12 She campaigned on declaring a "high-cost emergency," suspending gas and diesel taxes and freezing electricity rates by order.49 We haven't seen anyone confirm a governor can freeze rates that way. Democrat Vikki Goodwin beat Dan Patrick for lieutenant governor, the office that presides over the Texas Senate. Republicans keep their majority there, 20-11, and are already talking about curbing her authority.12, 50 The Texas House is the bigger surprise. Unofficial early results show Democrats flipping at least 18 seats for about a 90-60 majority, ending Republican control that dates to 2003.50 So a Democratic governor and House will have to deal with a Republican Senate, and most ambitious bills on either side will have to get through both.

Other statewide offices touch this business too. Benjamin Flores takes over the General Land Office, which leases state land for oil and gas and sends that money to Texas schools, and he's promised more transparency in how state land is managed. Sarah Eckhardt becomes comptroller, the office that collects severance taxes, and Clayton Tucker, the new agriculture commissioner, has sought a moratorium on new AI data centers.51

Washington gets the headlines, but the risk I'm watching is closer to home. Most American oil comes from state and private land,47 so the rules that matter most get written in state capitals. That's how California and New York did it. California banned new wells within 3,200 feet of homes and schools.52 New York banned fracking outright.53 I'm not saying Texas gets there. We're a lot closer today than we were yesterday.

Flaring is where I'd expect the fight to start. Flaring means burning natural gas at the well when there's nowhere to send it. Jon Rosenthal, the new Railroad Commissioner, ran on ending flaring and venting except in emergencies,54 along with a first-of-its-kind fee on injecting oil field wastewater underground and a crackdown on natural gas facilities' emergency preparedness.55 An oil well produces gas whether you want it or not, and when the pipelines are full in the Permian or the Eagle Ford, the choice is to flare it or shut in the well. Permian gas sold below zero for a record 25 straight days earlier this year because the pipelines couldn't carry it all.56 A hard limit on flaring without the pipelines to go with it is a limit on oil production.

The Texas Democratic Party's own platform points the same direction: "newer, stricter rules on injection wells," strict methane enforcement at every well and tank, enforcing a state law against drilling in "thickly settled communities" unless cities adopt their own rules, and an end to "leasing of public lands for fracking."57 Rosenthal calls himself a "drill baby, drill Democrat."4 I have a hard time picturing what a pro-fossil fuel Democrat looks like when that's the party's agenda, and I expect most of them to fall in line with it when it counts. He can prove me wrong.

There are checks. Rosenthal "likely will be outvoted 2-1 on many issues,"55 and a Republican Texas Senate can stop a bill. But one commission seat comes up every 2 years, and when a seat comes open, the governor appoints the replacement until the next general election.58 One more seat is a majority.

Other oil states split. New Mexico, about 17% of U.S. crude this year,59 elected Deb Haaland.60 As Interior Secretary she paused federal leasing and still processed more drilling permits than the first Trump administration.61 Oklahoma stayed Republican with Mike Mazzei.62

Data centers took a beating at the ballot box

The fastest change may be on the power grid. Exit polls found 76% of voters opposed a new data center in their community, and 56% called AI and data centers a crucial or major factor in their vote.11 Voters in at least 14 Ohio municipalities passed bans or restrictions.63, 64 Hinojosa wants a moratorium on new data centers until the Legislature sets rules,65 and Texas holds about 27% of planned U.S. capacity.66 Republicans were on both sides of this one too: Abbott halted new permits before the election and lost anyway.67 That takes some of the shine off natural gas demand without erasing it, since gas still has homes, factories, existing power plants and LNG. This one deserves its own discussion, and I'll have more on it next week at @TheTXOilMan.

What this means for you

At the pump, Congress has limited direct influence beyond a possible gas tax holiday. Before the vote, an Atlantic Council analysis said it also has little sway over the Iran conflict.68 Oil traders just bet otherwise, and if they're right, gasoline should feel it first, with diesel lagging until the tanks refill. On your power bill, expect a long fight over who pays for the grid.

If you own energy or you're thinking about it, this is a reminder that political risk runs both ways. The people who finance wells, pipelines and refineries need to know the rules will hold still. The question for these new officeholders is the one we'd ask of any: can an American get a permit and count on it after the next election? We'll see what the lame duck does with the permitting bill, then what the new Congress does in January.

Own a piece of the production

That's what Basin Ventures does. We invest alongside established, mostly publicly traded operators in American oil and natural gas wells, and we underwrite on conservative long-term price assumptions.

Basin Ventures Fund V is open to accredited investors now. It holds interests in wells in Oklahoma's Anadarko Basin, an oil, gas and NGL play, and in Louisiana's Haynesville, which is all natural gas. To learn more, visit basinventures.com.

I write about supply, demand and energy policy every week. Follow along at @TheTXOilMan on X, Instagram, Facebook and LinkedIn.

Sources

  1. CBS Texas, Hinojosa defeats Abbott
  2. Yahoo Finance, Nov. 3, 2026
  3. Lone Star turns blue, Yahoo News, Nov. 4, 2026
  4. Texas Public Radio, Nov. 4, 2026
  5. watch.vote Senate results, read 7:33 a.m. ET Nov. 4, unofficial
  6. watch.vote governor results, read 7:32 a.m. ET Nov. 4, unofficial
  7. Texas Tribune via KSAT, Nov. 4, 2026
  8. Texas Tribune via KPRC, Nov. 4, 2026
  9. Forbes, Nov. 4, 2026
  10. Newsweek Senate map, Nov. 4, 2026
  11. Unite.AI on the NBC News Exit Poll by SSRS, Nov. 4, 2026
  12. Texas Tribune, Nov. 4, 2026
  13. EIA weekly gasoline prices
  14. EIA weekly diesel prices
  15. UMass Lowell/YouGov Texas poll, Oct. 9, 2026
  16. CIRCLE, Tufts University, 2026 youth vote by demographics
  17. National Association of Realtors, Nov. 2025
  18. NYMEX futures via Barchart, Nov. 4, 2026, about 2:30 p.m. CT, delayed
  19. OilPrice.com, Nov. 4, 2026
  20. CNBC, Nov. 4, 2026
  21. Jewish Insider, Sept. 2026
  22. Reuters via Yahoo Finance, Nov. 4, 2026
  23. CBS News Iran live updates, Nov. 3, 2026
  24. Central Oregon Daily, Nov. 4, 2026
  25. EIA Weekly Petroleum Status Report, week ending Oct. 30, 2026
  26. EIA weekly distillate stocks
  27. AAA national averages, Nov. 4, 2026
  28. Wood Mackenzie on the One Big Beautiful Bill Act
  29. Congressional Research Service IF10023, Oct. 1, 2026
  30. CRS RL34294 on the 2007 energy law
  31. Ballotpedia on Keystone XL
  32. Manatt on the 2015 crude export law
  33. WUSF, Sept. 12, 2019
  34. Climate Laws on the 2021 omnibus
  35. PBS NewsHour on H.R. 1, 2023
  36. American Public Power Association on the 2023 debt-limit law
  37. S&P Global factbox, Oct. 22, 2026
  38. Rigzone, Oct. 29, 2026
  39. Office of Sen. Warren, Feb. 26, 2026
  40. Office of Sen. Merkley, June 10, 2026
  41. Roll Call, Oct. 22, 2026
  42. The Oregon Group, Nov. 2026
  43. ENR, Nov. 3, 2026
  44. Holland & Knight, Oct. 1, 2026
  45. EIA U.S. crude production
  46. EIA crude oil rig count
  47. EIA via OK Energy Today on federal land output
  48. KPRC on Abbott conceding, Nov. 4, 2026
  49. Texas Tribune, Oct. 30, 2026
  50. The Texan, Nov. 4, 2026
  51. WBAP, Nov. 4, 2026
  52. CalMatters, June 2024
  53. NRDC on New York's fiscal 2021 budget
  54. Texas Tribune, Sept. 15, 2026
  55. Texas Tribune, Nov. 3, 2026
  56. Pipeline & Gas Journal, March 12, 2026
  57. Texas Democratic Party 2026-2028 platform
  58. Railroad Commission of Texas, commissioners
  59. EIA New Mexico crude production
  60. AP via Yahoo News, Nov. 3, 2026
  61. E&E News, June 26, 2026
  62. AP via paNOW, Nov. 3, 2026
  63. Fortune, Nov. 4, 2026
  64. Ohio results via Yahoo News, Nov. 4, 2026
  65. KCBD, Oct. 30, 2026
  66. Unite.AI on Wells Fargo and overnight trading, Nov. 4, 2026
  67. Office of Gov. Abbott, Sept. 21, 2026
  68. Atlantic Council, Oct. 19, 2026

This article is for informational purposes only and is not an offer to sell or a solicitation of an offer to buy any security. Investments in oil and gas involve substantial risk, including the possible loss of principal, and are suitable only for accredited investors. Past performance does not guarantee future results.

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Adam Butcher
President & Managing Partner

The short version

  • Democrats won the U.S. House and Senate and, in Texas, the governor's office, the Texas House, a U.S. Senate seat and a seat on the state's oil and gas regulator.
  • In Washington, the President still holds the veto through January 2029, and U.S. oil output rose under each of the last four administrations.
  • Oil fell more than $15 in three days on bets that the Iran war ends sooner. No deal is signed, and U.S. diesel stocks just fell to their lowest since 2003.
  • The bigger risk for Texas producers is state rules on flaring, fracking and setbacks. We're not California, but we're closer than we were on Monday.
  • Voters turned on data centers, and that takes some of the shine off natural gas demand without erasing it.

Texas elected its first Democratic governor since Ann Richards in 1990.1 The Associated Press called the race for Gina Hinojosa over Greg Abbott,2 NBC and CBS projected James Talarico over Ken Paxton for the U.S. Senate,3 and Jon Rosenthal is the first Democrat elected to the Railroad Commission, the state's oil and gas regulator, since 1990.4 In unofficial counts early Wednesday, Talarico led about 54.9% to 43.1%5 and Hinojosa about 52.7% to 45.8%.6 In Tarrant County, Democrats won every contested countywide race and a 4-1 majority on the commissioners court.7, 8

Nationally, the AP called both the House and the Senate for Democrats.9 The Senate races in Alaska and Mississippi were still too close to call.10

If you own energy, or just pay for it, you want to know what changes. Less than the headlines suggest in Washington. Some in Austin. The most on the power grid.

Voters were mad about the bill

In the exit poll run for the networks and the AP, cost of living was a crucial or major factor for 89% of voters and the war in Iran for 74%. And 54% said they were very concerned about utility costs.11 The Texas Tribune's read was that "the crushing cost of groceries and gas hit the Republican brand especially hard."12 On the eve of the election, gasoline was up 38% from a year earlier13 and diesel was up 68%.14

Texans in one September poll pointed to the war. UMass Lowell found 72% of likely voters named the Iran war as the main cause of higher energy costs, and 4% named AI data centers.15

The swing among young voters tells you how fast patience ran out. In 2024, 56% of young men backed President Trump. On Tuesday, 63% of them voted for Democrats for the House. Young white voters went from 54% for Trump to 62% for Democrats, though those comparisons set a presidential race against House races.16 The typical first-time homebuyer in America is now 40 years old.17 If you're 22, the price of diesel lands on top of a house you already can't see how to buy.

The oil market voted first

By Wednesday afternoon, December crude had fallen about $8 to about $88.50 a barrel, and more than $15 since Friday's close. Brent, the global benchmark, was about $95.18 Vice President JD Vance gave traders their headline: "The reason we lost is the war." President Trump told the Financial Times he had no immediate plans to strike Iran, and told Fox News of the defeat, "I think it's the gasoline price."19 "The elections are leading the market to conclude that Trump might now be inclined to make a deal," said Andy Lipow of Lipow Oil Associates.20 Democratic senators have also talked openly about using spending power to pressure an end to the war, and Sen. Richard Blumenthal called it "the most likely means."21

No deal exists yet. A senior Iranian official said this week the two sides remain far from one,22 and a tanker was hit off Oman on Tuesday.23 Carl Larry of Enverus said, "I'm more concerned that we can see an escalation in Iran sooner than a resolution."24

The headline price misses two things. The first is what's in the tanks. EIA reported Wednesday that U.S. stocks of diesel and heating oil fell to 99.3 million barrels, the first time under 100 million since 2003. They stood at 120.8 million in late February, as the war began.25, 26 Diesel futures still trade about $89 a barrel above crude,18 and diesel at the pump is $6.27, up $2.58 from a year ago.27 Cheaper crude helps, but it doesn't refill a diesel tank. Refining is the bottleneck.

The second is further down the futures curve, the prices for oil delivered in later months and years. Oil for delivery in December 2028 fell under $70 (Figure 1).18 Those later prices are what drilling budgets get built on, because a well produces for years. So the headline that helps you at the pump can also slow the next round of American drilling, in the same week U.S. crude output hit a weekly record of 14 million barrels a day.25

WTI crude futures by delivery date, Friday close versus Wednesday afternoon, December 2026 through December 2028
Figure 1. The front of the curve fell the most, and the back fell under $70. Friday settles and Wednesday 2:31 p.m. CT delayed quotes. Source: NYMEX via Barchart.

Congress flipped, and the President still holds the veto

President Trump holds the veto until January 2029, and Democrats, at about 54 Senate seats, won't have the two-thirds needed to override it.10 That means the 2025 budget law, which cut the onshore federal royalty back to 12.5% and ordered 30 Gulf lease sales, stays on the books.28 The Congressional Review Act, the fast track Congress uses to kill regulations, also needs the President's signature or an override.29

History says divided government blocks the big swings and still passes energy law, usually attached to a bill that has to pass. The closest match to this year is 2006, when Democrats took both chambers under a Republican President.

ElectionWho held whatWhat got blockedWhat passed
2006D Congress, R PresidentRenewable power mandate and oil subsidy repeal, stripped in the Senate302007 energy law: 35 mpg standard and a bigger ethanol mandate30
2014R Congress, D PresidentKeystone XL, vetoed3140-year crude export ban lifted in a 2015 spending bill, paired with wind and solar credits32
2018D House, R Senate, R PresidentHouse offshore drilling bans, not expected to move in the Senate33Energy Act of 2020, inside a spending bill34
2022R House, D Senate, D PresidentHouse energy package, "dead on arrival"35Permitting deadlines and the Mountain Valley pipeline, in the 2023 debt-limit law36

Table 1. Four divided-government elections since 2006: the big bills stall and the deals ride on must-pass legislation.

What the new majority can do is ask questions under oath. S&P Global expected a Democratic House to investigate Interior's offshore wind buyout and to use subpoena power on gas and LNG.37 Before the vote, Standard Chartered's Emily Ashford said a sweep "would not automatically reverse" oil and gas policy but expected more uncertainty and a harder road for energy bills, with sharper effects on natural gas and LNG infrastructure.38 LNG is natural gas chilled to a liquid so it can ship overseas. In February, Sen. Elizabeth Warren and nine colleagues asked Energy Secretary Chris Wright to reverse course on doubling LNG exports,39 and Sen. Jeff Merkley has a bill that would treat new export terminals as against the public interest if they raise consumer prices.40 The Energy Department still makes those approvals under this President.

The first test comes Monday, Nov. 9, and none of Tuesday's winners get a vote. The outgoing Senate takes up a bipartisan permitting bill that would shorten reviews and lawsuits and make data center developers pay their own electricity costs. It needs 60 votes to advance,41 so with 53 Republican seats, at least 7 Democrats have to say yes less than a week after their party won. Rep. Jared Huffman, the top Democrat on House Natural Resources, says "Folding our hand now or in the lame duck makes no sense." Rep. Scott Peters, also a Democrat, says it "ought to be voted on this Congress."42 Even if it clears the Senate, it still has to be squared with a bill the House passed last year.43 It would also limit the government's ability to rescind permits already in effect.44 For anyone financing a pipeline or a power plant, that limit matters most.

U.S. crude production and oil and gas rig counts since 2009, with presidential administrations shaded
Figure 2. Output climbed under each administration while rig counts swung widely. Shaded bands mark administrations. Latest data: crude August, rigs September. Source: EIA; Basin Ventures analysis.

Washington also gets too much credit and too much blame for the barrels. U.S. crude went from 5.1 million barrels a day in January 2009 to nearly 14 million in August45 while oil rigs went from 328 to 452,46 so each rig is doing about twice the work. Federal land and waters together produced about a quarter of U.S. oil in 2024, about 13% onshore and 14% offshore. The rest came from state and private land.47

The price answers to the world, and this week it answered to the war.

Austin changes more, but not overnight

Hinojosa takes office in January48 with executive action, appointments, special sessions and the veto.12 She campaigned on declaring a "high-cost emergency," suspending gas and diesel taxes and freezing electricity rates by order.49 We haven't seen anyone confirm a governor can freeze rates that way. Democrat Vikki Goodwin beat Dan Patrick for lieutenant governor, the office that presides over the Texas Senate. Republicans keep their majority there, 20-11, and are already talking about curbing her authority.12, 50 The Texas House is the bigger surprise. Unofficial early results show Democrats flipping at least 18 seats for about a 90-60 majority, ending Republican control that dates to 2003.50 So a Democratic governor and House will have to deal with a Republican Senate, and most ambitious bills on either side will have to get through both.

Other statewide offices touch this business too. Benjamin Flores takes over the General Land Office, which leases state land for oil and gas and sends that money to Texas schools, and he's promised more transparency in how state land is managed. Sarah Eckhardt becomes comptroller, the office that collects severance taxes, and Clayton Tucker, the new agriculture commissioner, has sought a moratorium on new AI data centers.51

Washington gets the headlines, but the risk I'm watching is closer to home. Most American oil comes from state and private land,47 so the rules that matter most get written in state capitals. That's how California and New York did it. California banned new wells within 3,200 feet of homes and schools.52 New York banned fracking outright.53 I'm not saying Texas gets there. We're a lot closer today than we were yesterday.

Flaring is where I'd expect the fight to start. Flaring means burning natural gas at the well when there's nowhere to send it. Jon Rosenthal, the new Railroad Commissioner, ran on ending flaring and venting except in emergencies,54 along with a first-of-its-kind fee on injecting oil field wastewater underground and a crackdown on natural gas facilities' emergency preparedness.55 An oil well produces gas whether you want it or not, and when the pipelines are full in the Permian or the Eagle Ford, the choice is to flare it or shut in the well. Permian gas sold below zero for a record 25 straight days earlier this year because the pipelines couldn't carry it all.56 A hard limit on flaring without the pipelines to go with it is a limit on oil production.

The Texas Democratic Party's own platform points the same direction: "newer, stricter rules on injection wells," strict methane enforcement at every well and tank, enforcing a state law against drilling in "thickly settled communities" unless cities adopt their own rules, and an end to "leasing of public lands for fracking."57 Rosenthal calls himself a "drill baby, drill Democrat."4 I have a hard time picturing what a pro-fossil fuel Democrat looks like when that's the party's agenda, and I expect most of them to fall in line with it when it counts. He can prove me wrong.

There are checks. Rosenthal "likely will be outvoted 2-1 on many issues,"55 and a Republican Texas Senate can stop a bill. But one commission seat comes up every 2 years, and when a seat comes open, the governor appoints the replacement until the next general election.58 One more seat is a majority.

Other oil states split. New Mexico, about 17% of U.S. crude this year,59 elected Deb Haaland.60 As Interior Secretary she paused federal leasing and still processed more drilling permits than the first Trump administration.61 Oklahoma stayed Republican with Mike Mazzei.62

Data centers took a beating at the ballot box

The fastest change may be on the power grid. Exit polls found 76% of voters opposed a new data center in their community, and 56% called AI and data centers a crucial or major factor in their vote.11 Voters in at least 14 Ohio municipalities passed bans or restrictions.63, 64 Hinojosa wants a moratorium on new data centers until the Legislature sets rules,65 and Texas holds about 27% of planned U.S. capacity.66 Republicans were on both sides of this one too: Abbott halted new permits before the election and lost anyway.67 That takes some of the shine off natural gas demand without erasing it, since gas still has homes, factories, existing power plants and LNG. This one deserves its own discussion, and I'll have more on it next week at @TheTXOilMan.

What this means for you

At the pump, Congress has limited direct influence beyond a possible gas tax holiday. Before the vote, an Atlantic Council analysis said it also has little sway over the Iran conflict.68 Oil traders just bet otherwise, and if they're right, gasoline should feel it first, with diesel lagging until the tanks refill. On your power bill, expect a long fight over who pays for the grid.

If you own energy or you're thinking about it, this is a reminder that political risk runs both ways. The people who finance wells, pipelines and refineries need to know the rules will hold still. The question for these new officeholders is the one we'd ask of any: can an American get a permit and count on it after the next election? We'll see what the lame duck does with the permitting bill, then what the new Congress does in January.

Own a piece of the production

That's what Basin Ventures does. We invest alongside established, mostly publicly traded operators in American oil and natural gas wells, and we underwrite on conservative long-term price assumptions.

Basin Ventures Fund V is open to accredited investors now. It holds interests in wells in Oklahoma's Anadarko Basin, an oil, gas and NGL play, and in Louisiana's Haynesville, which is all natural gas. To learn more, visit basinventures.com.

I write about supply, demand and energy policy every week. Follow along at @TheTXOilMan on X, Instagram, Facebook and LinkedIn.

Sources

  1. CBS Texas, Hinojosa defeats Abbott
  2. Yahoo Finance, Nov. 3, 2026
  3. Lone Star turns blue, Yahoo News, Nov. 4, 2026
  4. Texas Public Radio, Nov. 4, 2026
  5. watch.vote Senate results, read 7:33 a.m. ET Nov. 4, unofficial
  6. watch.vote governor results, read 7:32 a.m. ET Nov. 4, unofficial
  7. Texas Tribune via KSAT, Nov. 4, 2026
  8. Texas Tribune via KPRC, Nov. 4, 2026
  9. Forbes, Nov. 4, 2026
  10. Newsweek Senate map, Nov. 4, 2026
  11. Unite.AI on the NBC News Exit Poll by SSRS, Nov. 4, 2026
  12. Texas Tribune, Nov. 4, 2026
  13. EIA weekly gasoline prices
  14. EIA weekly diesel prices
  15. UMass Lowell/YouGov Texas poll, Oct. 9, 2026
  16. CIRCLE, Tufts University, 2026 youth vote by demographics
  17. National Association of Realtors, Nov. 2025
  18. NYMEX futures via Barchart, Nov. 4, 2026, about 2:30 p.m. CT, delayed
  19. OilPrice.com, Nov. 4, 2026
  20. CNBC, Nov. 4, 2026
  21. Jewish Insider, Sept. 2026
  22. Reuters via Yahoo Finance, Nov. 4, 2026
  23. CBS News Iran live updates, Nov. 3, 2026
  24. Central Oregon Daily, Nov. 4, 2026
  25. EIA Weekly Petroleum Status Report, week ending Oct. 30, 2026
  26. EIA weekly distillate stocks
  27. AAA national averages, Nov. 4, 2026
  28. Wood Mackenzie on the One Big Beautiful Bill Act
  29. Congressional Research Service IF10023, Oct. 1, 2026
  30. CRS RL34294 on the 2007 energy law
  31. Ballotpedia on Keystone XL
  32. Manatt on the 2015 crude export law
  33. WUSF, Sept. 12, 2019
  34. Climate Laws on the 2021 omnibus
  35. PBS NewsHour on H.R. 1, 2023
  36. American Public Power Association on the 2023 debt-limit law
  37. S&P Global factbox, Oct. 22, 2026
  38. Rigzone, Oct. 29, 2026
  39. Office of Sen. Warren, Feb. 26, 2026
  40. Office of Sen. Merkley, June 10, 2026
  41. Roll Call, Oct. 22, 2026
  42. The Oregon Group, Nov. 2026
  43. ENR, Nov. 3, 2026
  44. Holland & Knight, Oct. 1, 2026
  45. EIA U.S. crude production
  46. EIA crude oil rig count
  47. EIA via OK Energy Today on federal land output
  48. KPRC on Abbott conceding, Nov. 4, 2026
  49. Texas Tribune, Oct. 30, 2026
  50. The Texan, Nov. 4, 2026
  51. WBAP, Nov. 4, 2026
  52. CalMatters, June 2024
  53. NRDC on New York's fiscal 2021 budget
  54. Texas Tribune, Sept. 15, 2026
  55. Texas Tribune, Nov. 3, 2026
  56. Pipeline & Gas Journal, March 12, 2026
  57. Texas Democratic Party 2026-2028 platform
  58. Railroad Commission of Texas, commissioners
  59. EIA New Mexico crude production
  60. AP via Yahoo News, Nov. 3, 2026
  61. E&E News, June 26, 2026
  62. AP via paNOW, Nov. 3, 2026
  63. Fortune, Nov. 4, 2026
  64. Ohio results via Yahoo News, Nov. 4, 2026
  65. KCBD, Oct. 30, 2026
  66. Unite.AI on Wells Fargo and overnight trading, Nov. 4, 2026
  67. Office of Gov. Abbott, Sept. 21, 2026
  68. Atlantic Council, Oct. 19, 2026

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