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TexasLand USA Theme Park vs. Rural Texas: A Fight for the Land We Call Home
Behind the Bill
A Dangerous Precedent for Waller County
A special improvement district is a setup similar to the one Disney once had in Florida. It's like creating a state within a state - no county oversight, no voter input, no accountability.
HB 5685: A Private Government in the Making
What Is HB 5685 — and Why Does It Matter?
HB 5685 is a Texas bill that allows private developers to create their own government-like zone right here in Waller County. Officially called Waller County Improvement District No. 3, this new district would give the developers behind the proposed TexasLand USA theme park sweeping authority to govern, tax, borrow money, and shape land use — with minimal public input and no county oversight.
This is not just about building a theme park. It’s about building power — and keeping it.
What the Bill Actually Does
HB 5685 creates a 227-acre special district on private land that functions like a mini-government. Here’s what it empowers the developers to do:
- Raise property and sales taxes (with a vote—limited to district residents, currently just the landowners)
- Borrow millions through bonds, repaid by future taxes and fees
- Charge fees for infrastructure like roads, water, and drainage
- Place liens on properties within the district if taxes/fees go unpaid
- Create TIRZ (Tax Increment Reinvestment Zones) to redirect future tax growth back into their own projects
Clarifying the Taxes
- Property Taxes - All land within the district is still subject to normal county, school district, and emergency services district (ESD) property taxes. However, the district can add extra property taxes — but only by a vote of the district's residents. Since no one lives there now, the developers would be the only voters.
- Sales Tax - Texas allows up to 2% local sales tax in addition to the 6.25% state rate. The district must hold an election (again, only by internal voters) to approve a local sales tax, but this can only happen if that 2% cap hasn’t already been claimed by other local jurisdictions (e.g., ESDs or MUDs). In many cases, they may be limited or blocked.
- Can They Tax Visitors? Visitors do not pay property taxes. They may pay sales or hotel taxes while inside the district if approved, but they are not taxed just for visiting.
Can They Take Your Land?
Only land inside the district is subject to fees, taxes, or liens. If you own property outside the district boundaries, they cannot lien or tax your land. However, they can annex more land — but only with the consent of the property owner and, often, the county. Forced annexation is not permitted.
This strategy mimics what Disney did in Florida: purchasing surrounding land, then voting to include it in the district.
What’s a TIRZ — and Why It Matters
HB 5685 allows the creation of a Tax Increment Reinvestment Zone (TIRZ). When land values rise, the “extra” tax revenue stays in the district — rather than supporting schools, roads, and public services. That means the public loses, while the developers win. They could even create multiple TIRZ zones—if the county allows it—to fund different parts of the development.
Who’s in Charge?
The district is controlled by a five-member board:
- Initially appointed by the developers
- Later “elected” by residents inside the district — but no one currently lives there
This gives the developers full control to appoint themselves and manage tax rates, fees, bond approvals, and more — with no accountability to Waller County voters.
What It All Adds Up To
- Developers create a mini-government on private land
- They appoint their own board
- They raise taxes, charge fees, and borrow money
- They redirect tax growth back into their development (TIRZ)
- They answer to no voters — because no one lives there
- They operate like a private city — with self-policing and broad authority
What This Means for Waller County
- Public services lose funding
- Developers keep the profits
- Citizens lose control over what happens in their own backyard
Waller County belongs to its people — not private boards.