TexasLand USA Theme Park vs. Rural Texas: A Fight for the Land We Call Home
Private Government in Waller County?
A Private Government in the Making
Even though HB 5685 was pulled after public outcry, the same idea is back — this time through a Municipal Management District (MMD). These special taxing districts give private developers sweeping powers to tax, borrow, and control land use — with almost no public oversight.
Just like with HB 5685, the district board is controlled by the developers themselves. They appoint the initial members and later “elect” replacements — usually from among themselves or affiliated landowners.
This isn’t just a different name — it’s the same playbook, now being run through a quieter, less visible process.
What Is a Municipal Management District (MMD)?
A Municipal Management District is a special improvement district approved through the Texas Commission on Environmental Quality (TCEQ). This district gives developers many of the same powers as a local government, including the ability to:
- Raise property and sales taxes (with a vote — typically limited to landowners inside the district)
- Charge assessments and fees for infrastructure, drainage, and services
- Borrow money by issuing bonds, repaid by future taxes and fees
- Create Tax Increment Reinvestment Zones (TIRZ) to redirect future tax revenue back into private projects
These powers are typically exercised without public debate, and without any vote from the surrounding community.
Why This Should Concern Waller County
MMDs are functionally no different than what was proposed under HB 5685 — just rebranded.
They concentrate control in the hands of private developers and allow them to:
- Govern their own zone
- Approve taxes and fees
- Reinvest public revenues into their own projects
- Operate without county oversight or public accountability
Once formed, these districts can shape long-term development policy and collect taxes for decades — even as nearby residents are excluded from any decision-making.
What Is HB 5685 — and Why Does It Matter?
HB 5685 was a bill filed in the Texas Legislature to create a 227-acre special improvement district called Waller County Improvement District No. 3. It would have allowed the developers behind the proposed TexasLand USA theme park to act as their own local government.
The bill gave them powers to tax, borrow, build, and control land use — with no oversight from Waller County and no vote from the public.
Thanks to your calls and emails, HB 5685 was withdrawn — but the developers are now seeking the same powers through the MMD process.
What the Bill Actually Did
HB 5685 gave the developers behind TexasLand USA the power to:
- Raise property and sales taxes, with a vote limited to landowners (currently just themselves)
- 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 or fees go unpaid
- Create TIRZ zones to redirect public tax growth into their own project
This is not just about building a theme park. It’s about building power — and keeping it.
Clarifying the Taxes
- Property Taxes - Land inside the district is still subject to county, school, and emergency service taxes — but the district can add new property taxes, with a vote from landowners (again, likely just the developers).
- Sales Tax - Texas allows up to 2% local sales tax on top of the 6.25% state rate. The district can vote to levy its own — but only if that local share isn’t already being used by other entities like an ESD or MUD.
- Visitor Tax - Visitors won’t be taxed just for showing up. They might pay sales or hotel taxes, but not property taxes — and only if such taxes are approved inside the district.
Can They Take Your Land?
No. Only land inside the district is subject to taxes, fees, or liens. But the developers can annex new land into the district — with the property owner’s consent, and sometimes with county approval.
This is the same strategy used by Disney in Florida: quietly acquire land, then vote it into the district to expand the footprint.
What’s a TIRZ — and Why It Matters
HB 5685 — and now the MMD proposal — allows the creation of Tax Increment Reinvestment Zones (TIRZ). These zones redirect “extra” tax revenue that comes from rising property values back into the developer’s project — rather than into schools, roads, or emergency services.
This means the public loses out, while private development gains.
In some cases, developers can create multiple TIRZ zones — each tied to a different part of their buildout — further locking future tax growth into their control.
Who’s in Charge?
The district board starts with five members, appointed by the developer.
Later, those seats are technically “elected” — but only by residents of the district. Since no one lives there yet, the developers essentially vote for themselves, ensuring full control over:
- Tax rates
- Fees and assessments
- Land use decisions
- Bond approvals
- Long-term governance
This is a self-governing system, created on private land, for private benefit.
What It All Adds Up To
- Developers create a mini-government on private land
- They appoint and control the board
- They raise taxes and charge fees
- They borrow millions — repaid by future public funds
- They reinvest tax growth into their own projects
- They face no public accountability outside the district
What This Means for Waller County
- Public services could lose future funding
- Citizens have no say over what gets built nearby
- Tax decisions are made by private interests
- Control is removed from local government and voters
This is not about NIMBYism.
This is about power, permanence, and public accountability. Whether through HB 5685 or an MMD, the same risks remain.