In a groundbreaking move, in late November 2025, Texas executed a $5 million purchase of Bitcoin, marking the launch of its Strategic Bitcoin Reserve under Senate Bill 21 (SB 21), which was passed earlier in 2025. Although the purchase is only a modest investment in amount (compared to the state’s roughly $338 billion budget), the symbolic meaning is much greater in terms of demonstrating that a major political entity views Bitcoin not as speculation but as a credible, long-term public asset.

Texas has emerged as a crypto powerhouse over the years, attracting major Bitcoin mining operations thanks to affordable energy and regulatory friendliness. The entry into actual Bitcoin holding is a move from passive observer and host of hydrogen-electric crypto infrastructure to an active investor in the digital asset ecosystem.

Under SB 21, the state is not limited to a single fund or treasury; it’s empowered to manage and potentially self-custody Bitcoin as a strategic reserve asset. Because, however, the state does not yet have the infrastructure for direct, self-custody, the initial purchase was made through BlackRock’s spot Bitcoin ETF (IBIT), a regulated product. The legislation mandates biennial, publicly available reporting on holdings, acquisition, and performance, thereby setting a high bar for transparency and oversight.

Although Texas may be the first state to purchase and publicly hold Bitcoin with state funds, it is not alone in lawmaking around this concept.  Arizona and New Hampshire have both passed legislation authorizing the creation of a “strategic Bitcoin reserve”—though neither has yet moved forward with actual purchases.  Meanwhile, Wisconsin and Michigan have included cryptocurrency within pension fund investments—often via indirect exposure, such as through Bitcoin futures—but this differs from states directly acquiring and holding Bitcoin in designated reserves.

As is to be expected, arguments are being made for and against states purchasing Bitcoin reserves. Proponents make the following points:

  • Inflation Hedge and Dollar Devaluation Protection: Because Bitcoin has a mathematically limited supply of 21 million coins, it can serve as a powerful hedge against inflation caused by the expansion of traditional fiat currency supplies—like gold but in digital form.
  • Asset Diversification: Adding a non-sovereign asset like Bitcoin to a state’s reserve portfolio can help diversify holdings beyond traditional assets like gold, foreign currencies, and government bonds, potentially reducing overall portfolio risk.
  • Potential for Long-Term Gains: Bitcoin is a long-term investment that could appreciate over time, potentially generating significant gains that could be used to fund public services or reduce state debt.
  • Signaling Innovation and Attracting Business: Governments that embrace digital asset exposure can attract fintech investment, blockchain talent, and innovation ecosystems.
  • Future Financial Resilience: Holding Bitcoin prepares a state for a future where digital currencies play a more central role in the global financial system, providing a safety net in case of significant economic stress or de-dollarization risk

The most common arguments against states holding Bitcoin are the following:

  • Extreme Price Volatility: Bitcoin is notorious for its significant price swings, which could expose taxpayer funds to substantial financial losses, particularly in a market downturn when liquidity might be needed.
  • Regulatory Uncertainty: Evolving U.S. and global regulations pose significant risk. Sudden policy shifts could affect liquidity or asset availability, complicating long-term holdings.
  • Security Risks: Storing and securing digital assets presents unique cybersecurity challenges, and the risk of hacks, theft, or misplacement of private keys could lead to irreversible loss of funds.
  • Lack of Intrinsic Value for Essential Use: Unlike strategic reserves of commodities such as oil, which can be used to power the economy in a crisis, Bitcoin has no inherent practical use for immediate essential needs. There is no guarantee it could be converted into critical goods during an emergency.
  • Political Conflicts of Interest: State investments could be influenced by political motivations, potentially benefiting elected officials’ allies or donors who are major crypto investors.
  • Opportunity Costs: Diverting public funds to a volatile, speculative asset means those resources are not being used for other pressing public needs such as infrastructure, education, or healthcare, where the benefits might be more predictable. 

Through SB 21, the Lone Star State has not only made a calculated entry into digital assets but also laid the groundwork—legally, operationally, and philosophically—for other states to reconsider what constitutes credible, long-term public assets. As digital assets continue to mature, government adoption and experimentation may rise. The debate over Bitcoin’s role in state asset allocations touches on deeper questions: what should constitute strategic reserves? Is diversification more important than stability? Can digital resilience underpin financial sovereignty in the decades ahead? Texas has taken the first step, and the nation watches.

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David Zaslowsky is partner in the Litigation Department of Baker McKenzie's New York office. He helps companies solve complex commercial disputes in arbitration and litigation, especially those involving cross-border issues and Section 1782 discovery. David has a degree in computer science and, as a result, has worked on numerous technical-related disputes, including, most recently, those involving blockchain and artificial intelligence. In April 2025, Attorney Intel named David one of the top 25 blockchain lawyers in the country. He is the editor of the Firm's blockchain blog and co-editor of the firm's International Litigation & Arbitration Newsletter. David has been included for a number of years in the Chambers USA Guide and Chambers Global Guide for his expertise in international arbitration. He also sits as an arbitrator and is on the roster of arbitrators for a number of arbitral institutions. David sits on the Board and chairs the governance committee of the New York International Arbitration Center, and is a founding member of the International Arbitration Club of New York. For over 35 years, he has written and spoken often on the subjects of arbitration and international litigation.