Public authority for private development — created through legislative and administrative pathways, often without a direct public vote.
Most residents assume that taxing and governing authority is exercised by elected officials — and only after a public vote.
In reality, Texas law allows several legal mechanisms through which private developments can obtain public powers without direct voter approval. These tools are widely used across the state and are often navigated by specialized law firms on behalf of developers. Similar mechanisms have been proposed in connection with the TexasLand USA development in Waller County.
Many residents don’t learn how these mechanisms work until a proposal appears in their own community.
That learning curve — and how it unfolded in Waller County — is what this page explains.
Large developments require roads, drainage, utilities, and public safety infrastructure.
The question is not whether those investments exist.
It is who controls them.
When taxing authority is claimed through a public, voter-approved mechanism, it is governed by elected officials and used for countywide priorities.
When that same authority is delegated to a developer-controlled district, the revenue can be directed primarily toward infrastructure serving a single private project — without voter approval and with limited public recourse.
Public authority comes with public responsibility.
Once delegated, it is rarely returned.
That distinction shapes communities for decades.

This issue did not begin with a ballot measure.
It began with a legislative proposal in Austin.
In May 2025, House Bill 5685 was introduced by Stan Kitzman, who represents Waller County in the Texas House.
HB 5685 proposed creating a project-specific improvement district tied to the TexasLand USA site. The district would have been granted taxing, borrowing, and self-governance authority for infrastructure associated with a single private development.
Required legal notice for HB 5685 appeared only in the Houston Chronicle, rather than in local Waller County newspapers, which contributed to residents learning of the bill only late in the legislative process.
When the bill became public, the community was blindsided. Residents raised urgent concerns about transparency, precedent, and whether extraordinary public powers were appropriate for a speculative private project. Following public scrutiny, HB 5685 was withdrawn and did not advance.
Although HB 5685 did not advance, it illustrated how special district authority can be proposed through legislative action.
The withdrawal of HB 5685 did not end the pursuit of special-district authority for the TexasLand USA project.
During a July 2025 meeting with a small group of Citizens in Defense of Waller County (CDWC) representatives, TexasLand USA representatives indicated that they intended to pursue creation of a Municipal Management District (MMD) — a form of special district that can exercise taxing, borrowing, and governance authority.
In December 2025, a petition was filed with the Texas Commission on Environmental Quality (TCEQ) seeking creation of the Brazos River Improvement District, covering approximately 227 acres at the proposed TexasLand site.
These developments illustrate that special-district authority can be pursued through multiple pathways under Texas law. When one approach ends, another may be initiated through a different legislative or administrative process.
The core concern is not whether nearby residents would pay these taxes directly.
It is that public taxing and governing authority could be transferred to a developer-controlled entity without voter approval, creating a model that could be replicated by other large developments. Once established, this approach can set precedent — shaping how infrastructure, financing, and local control evolve in fast-growing areas like Waller County.


The County Assistance District (CAD) was not created for TexasLand USA.
Waller County first attempted to establish a CAD in 2022 as a way to claim the final 1% of available local sales-tax authority for county-controlled roads, drainage, and public safety in unincorporated areas. That effort did not pass.
In 2025, the CAD was placed before voters again.
This second attempt occurred against a very different backdrop. The failed effort to pass HB 5685 — and growing awareness of developer-controlled special districts — raised the stakes by clarifying what unclaimed taxing authority could be used for.
On November 4, 2025, voters in unincorporated Waller County rejected the CAD for a second time, by a margin of 684 FOR / 1,726 AGAINST, with approximately 16% turnout.
The vote settled that proposal. However, it did not eliminate the broader issue of who ultimately controls the final 1% of local sales-tax authority in unincorporated Waller County — a question that continues to shape discussions about future development and infrastructure financing.
That final 1% of local sales-tax authority may sound small, but it adds up quickly.
Large destination developments generate enormous volumes of taxable spending — tickets, food, merchandise, lodging, fuel, and related retail. When those purchases occur inside a special district, 1% of every dollar spent is captured automatically, year after year.
Unlike a one-time incentive or grant, sales-tax authority compounds. It grows with attendance, inflation, and expansion — and it can be pledged to support long-term debt.
Over the life of a large development, one penny on the dollar can translate into tens of millions of dollars in taxing and borrowing power.
No special district has been approved and no public authority has been committed. However, a regulatory petition seeking creation of the Brazos River Improvement District has been filed with the Texas Commission on Environmental Quality (TCEQ) and remains under review.
These materials are preserved for reference as district-related proposals continue to evolve in Waller County.
County Assistance District (CAD) vs. Municipal Management District (MMD): Structure compared (pdf)
DownloadHow1% of Sales Tax Shapes Long-Term Revenue and Borrowing Capacity (pdf)
DownloadCase Study: Colony Ridge (Liberty County): Developer-controlled district (pdf)
DownloadCase Study: Fort Bend County CAD Model: Voter-approved district (pdf)
DownloadCitizens in Defense of Waller County (CDWC)
A 501(c)(3) nonprofit organization • Donations are tax-deductible as allowed by law. • Contact: cdwallerco@gmail.com • Providing independent research, public records, and analysis on major development proposals affecting Waller County, Texas.
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