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HB5655

Regular Session

Relating to the creation of the Fort Bend County Water Control and Improvement District No. 13; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Low
Low Cost
Effective:2025-09-01
Enforcing Agencies

Texas Commission on Environmental Quality (TCEQ) • Fort Bend County Commissioners Court • Texas Transportation Commission (if state roads involved) • District Board of Directors

01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025.
  • Compliance Deadline: Immediate for land acquisition strategy. Developers must secure all necessary easements via private contract now, as the District cannot use condemnation later. Statutory "Notice to Purchasers" requirements apply immediately upon the District’s confirmation (estimated Q2 2026).
  • Agency Rulemaking: No new state agency rules required. However, the District must negotiate a "Consent Agreement" with the relevant municipality (Richmond or Rosenberg) regarding engineering standards before the confirmation election.

Immediate Action Plan

  • Secure Easements Immediately: Audit all required Rights-of-Way (ROW). Purchase options or easements must be negotiated privately now; you have no leverage to condemn later.
  • Draft Municipal Consent: Begin informal negotiations with the overseeing municipality regarding the Consent Agreement to ensure development standards are feasible.
  • Prepare Voter Block: Identify the five Temporary Directors named in the bill and organize the confirmation election strategy for post-September 2025.
  • Update Title Data: Alert title partners that this acreage will become a new taxing jurisdiction in late 2025/early 2026.

Operational Changes Required

Contracts

  • Real Estate Purchase Agreements: Must include a contingency for voluntary easement acquisition for all off-site utilities, as the District cannot condemn holdout parcels.
  • Reimbursement Agreements: Developers must execute agreements with the District Board to define terms for repayment of infrastructure costs via future bond proceeds.
  • Sales Contracts: Once the District is confirmed, all property sales contracts must include the statutory Notice to Purchasers (Texas Water Code § 49.452) disclosing potential tax liability.

Hiring/Training

  • Legal Counsel: Retain specialized bond counsel to manage the confirmation election and validate the "no eminent domain" status against the bill text.
  • Engineering: Engage civil engineers to ensure road plans meet Texas Transportation Commission standards (if state-maintained) or municipal standards (if in ETJ) to ensure future acceptance.

Reporting & Record-Keeping

  • Election Orders: The Temporary Directors must file orders for the Confirmation Election and Director Election.
  • Road Specifications: Detailed plans must be submitted to the Texas Transportation Commission for approval prior to construction of any state-maintained roadways.
  • TCEQ Filings: If permanent directors are not elected by September 1, 2029, landowners must petition the TCEQ for appointments.

Fees & Costs

  • Ad Valorem Taxes: Upon voter approval, the District will levy an Operation and Maintenance Tax (capped at election amount) and an unlimited tax for water/sewer bonds.
  • Road Bond Cap: Issuance of bonds for road projects is strictly capped at 25% of the assessed value of real property within the District at the time of issuance.

Strategic Ambiguities & Considerations

  • Eminent Domain Authority: The bill title references a "limited power of eminent domain," but the House vote (93-48) failed the two-thirds threshold. Do not rely on the bill title. The District has zero condemnation authority.
  • Jurisdictional Standards: The bill mandates compliance with municipal standards if the land is in an ETJ. If ETJ boundaries are contested or change, disputes may arise regarding whether County or City engineering standards apply, potentially delaying project acceptance.

Need Help Understanding Implementation?

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Schedule Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 25, 2025
Passed House
May 21, 2025
Passed Senate
May 28, 2025
Signed
Jun 20, 2025
TopicsFort Bend County Water Control and Improvement District No. 13Special Districts & AuthoritiesSpecial Districts & Authorities--water & UtilitySpecial Districts & Authorities--water Control Improve Dist.
03

Official Analysis

View HRO AnalysisView All Bill Documents

BILL ANALYSIS

H.B. 5655

By: Gates

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that an area located within Fort Bend County would benefit from the creation of a water control and improvement district. H.B. 5655 seeks to provide for the creation of such a district.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 5655 amends the Special District Local Laws Code to create the Fort Bend County Water Control and Improvement District No. 13 to provide certain improvements, projects, and services for public use and benefit. The bill provides for, among other provisions, municipal consent to the creation of the district and road project powers. The district's powers and duties include, subject to certain requirements of any municipal ordinance or resolution consenting to

the creation of and inclusion of land in the district and voter approval at an election, the authority to issue obligations and impose property, operation and maintenance, and contract taxes. The bill limits the district's exercise of the power of eminent domain and prohibits the district from exercising that power if the bill does not receive the necessary vote.

H.B. 5655 establishes that all applicable requirements relating to the following have been fulfilled and accomplished with respect to the bill:

·the legal notice of intention to introduce;

·governor action;

·Texas Commission on Environmental Quality recommendations; and

·the state constitution and laws and legislative rules and procedures.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

House Authors

Rep. Gary GatesRepublican · Primary Author

Senate Sponsor

Sen. Lois KolkhorstRepublican · Primary Sponsor

Bill Text(with markup)

H.B. No. 5655
AN ACT
relating to the creation of the Fort Bend County Water Control and
Improvement District No. 13; granting a limited power of eminent
domain; providing authority to issue bonds; providing authority to
impose assessments, fees, and taxes.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9095 to read as follows:
CHAPTER 9095. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 13
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9095.0101.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Commission" means the Texas Commission on
Environmental Quality.
(3)  "Director" means a board member.
(4)  "District" means the Fort Bend County Water
Control and Improvement District No. 13.
Sec. 9095.0102.  NATURE OF DISTRICT.  The district is a water
control and improvement district created under Section 59, Article
XVI, Texas Constitution.
Sec. 9095.0103.  CONFIRMATION AND DIRECTOR ELECTION
REQUIRED.  The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 9095.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
9095.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district as required by
applicable law.
Sec. 9095.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a)  The district is created to serve a public purpose and benefit.
(b)  The district is created to accomplish the purposes of:
(1)  a water control and improvement district as
provided by general law and Section 59, Article XVI, Texas
Constitution, including the collection, transportation,
processing, disposal, and control of domestic, industrial, or
communal waste and the gathering, conducting, diverting, and
control of local storm water or other harmful excesses of water; and
(2)  Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 9095.0106.  INITIAL DISTRICT TERRITORY.  (a)  The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b)  The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure.  A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3)  right to impose a tax; or
(4)  legality or operation.
SUBCHAPTER B.  BOARD OF DIRECTORS
Sec. 9095.0201.  GOVERNING BODY; TERMS.  (a)  The district is
governed by a board of five elected directors.
(b)  Except as provided by Section 9095.0202, directors
serve staggered four-year terms.
Sec. 9095.0202.  TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1)  Amanda Flynt;
(2)  Jason Scholtz;
(3)  Carlos Bujosa;
(4)  Regina Landreneau; and
(5)  Stephen Pheigaru.
(b)  Temporary directors serve until the earlier of:
(1)  the date permanent directors are elected under
Section 9095.0103; or
(2)  the fourth anniversary of the effective date of
the Act enacting this chapter.
(c)  If permanent directors have not been elected under
Section 9095.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1)  the date permanent directors are elected under
Section 9095.0103; or
(2)  the fourth anniversary of the date of the
appointment or reappointment.
(d)  If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition.  The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9095.0301.  GENERAL POWERS AND DUTIES.  The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 9095.0302.  WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state applicable to water control and
improvement districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 51, Water Code, and
specifically including the powers and duties authorized under
Subchapter H, Chapter 51, Water Code.
Sec. 9095.0303.  AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 9095.0304.  ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b)  If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c)  If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 9095.0305.  COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION.  The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 42.042 or 42.0425, Local Government Code, and
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 9095.0306.  LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district boundaries to acquire a site or easement for:
(1)  a road project authorized by Section 9095.0303; or
(2)  a recreational facility as defined by Section
49.462, Water Code.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9095.0401.  ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1)  revenue other than ad valorem taxes; or
(2)  contract payments described by Section 9095.0403.
(b)  The district must hold an election in the manner
provided by Chapters 49 and 51, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c)  The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 9095.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
authorized at an election held under Section 9095.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b)  The board shall determine the tax rate.  The rate may not
exceed the rate approved at the election.
Sec. 9095.0403.  CONTRACT TAXES.  (a)  In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b)  A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 9095.0501.  AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS.  The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 9095.0502.  TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Chapter 51, Water Code.
Sec. 9095.0503.  BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
Sec. 9095.0504.  BONDS FOR RECREATIONAL FACILITIES. (a)  
The district may develop recreational facilities and issue bonds
for recreational facilities as provided by Chapter 49, Water Code,
regardless of whether the district's territory overlaps with the
territory of a political subdivision that is authorized to develop
recreational facilities and issue bonds for recreational
facilities under Chapter 49, Water Code.
(b)  The authority of the district to develop recreational
facilities and issue bonds for recreational facilities under this
section does not limit the authority of another political
subdivision whose territory the territory of the district may
overlap, wholly or partly, to develop recreational facilities and
issue bonds for recreational facilities under Chapter 49, Water
Code.
       SECTION 2.  The Fort Bend County Water Control and
Improvement District No. 13 initially includes all the territory
contained in the following area:
       Being 911.580 acre (39,708,433 square feet) of land located
in the William Andrews Survey, Abstract 3 and the Samuel Isaacs
Survey, Abstract 35, Fort Bend County, Texas, more particularly
being all of that certain called 606.445 acre tract conveyed to
TPHTL Hatcher, LLC by an instrument of record under File Number
2024096632 of the Official Public Records of Fort Bend County,
Texas (F.B.C.O.P.R.), all of that certain called 3.494 acre tract
conveyed to Tri Pointe Homes Texas, Inc by an instrument of record
under File Number 2024112084, F.B.C.O.P.R., all of that certain
called 259.343 acre tract conveyed to TPHTL Hatcher, LLC by an
instrument of record under File Number 2024096642, F.B.C.O.P.R.,
all of that certain called 9.980 acre tract conveyed to TPHTL
Hatcher, LLC by an instrument of record under File Number
2024096679, F.B.C.O.P.R., all of that certain called 35.203 acre
tract conveyed to TPHTL Hatcher, LLC by an instrument of record
under File Number 2024096653, F.B.C.O.P.R. a portion of which being
all of PECAN HOLLOW SUBDIVISION, a subdivision of record under
Slide No. 1960A of the Fort Bend County Plat Records (F.B.C.P.R.),
all of that certain called 10.4577 acre tract conveyed to TPHTL
Hatcher, LLC by an instrument of record under File Number
20240996640, F.B.C.O.P.R., said 911.580 acre tract being more
particularly described by metes and bounds as follows (all bearings
referenced to the Texas Coordinate System, South Central Zone,
NAD83 (NA2011) Epoch 2010.00):
       BEGINNING at a 5/8-inch iron rod with cap stamped "1535-4035"
found for the southwest corner of that certain called 355.322 acre
conveyed to the Henderson-Wessendorff Foundation by an instrument
of record under File Number 2012006686, F.B.C.O.P.R., same being an
interior corner on the north line of said 606.445 acre tract, said
corner being an angle point on a boundary line agreement of record
in Volume 603, Page 13, of the Deed Records of Fort Bend County,
Texas, (F.B.C.D.R.), and on the apparent east line of said William
Andrews Survey and the apparent west line of the Samuel Isaacs
Survey;
       Thence, South 79° 25' 45" East, along the northerly line of
said 606.445 acre tract and the southerly line of said 355.322 acre
tract, 721.43 feet to a 5/8-inch iron rod found for an angle point
of said boundary line agreement;
       Thence, South 88° 14' 00" East, continuing along the northerly
line of said 606.445 acre tract and the southerly line of said
355.322 acre tract, 1,138.98 feet to a 5/8-inch iron rod with cap
stamped "MILLER SURVEY SURVEY" found marking an angle point of said
boundary line agreement;
       Thence, South 64° 49' 13" East, continuing along the northerly
line of said 606.445 acre tract and the southerly line of said
355.322 acre tract, 2,465.21 feet to a 5/8-inch iron rod found
marking an angle point of said boundary line agreement and the
southeast corner of said 355.322 acre tract, same being the
southwest corner of that certain called 77.173 acre tract conveyed
to Joe C. Wessendorff by an instrument of record under Volume 1995,
Page 2003, F.B.C.D.R.;
       Thence, North 69°40'27" East, continuing along the Northerly
line of said 606.445 acre tract and the southerly line of said
77.173 acre tract, a distance of 644.77 feet to a 5/8-inch iron rod
with cap stamped "1535-4035" found for corner, from which a found
leaning 1-inch iron bolt bears South 29°12'57" East, distance of
1.40 feet;
       Thence, South 86°32'25" East, continuing along the Northerly
line of said 606.445 acre tract and the southerly line of said
77.173 acre tract, a distance of 1,341.27 feet to a 5/8-inch iron
rod found for the northeast corner of said 606.445 acre tract and
the southeast corner of said 77.173 acre tract, lying on the west
right-of-way line of Holmes Road (width varies) as shown on LAKES OF
MISSION GROVE SECTION ONE, a subdivision per plat recorded under
Slide Number 1945A, of the Plat Records of Fort Bend County, Texas,
(F.B.C.P.R.);
       Thence, South 02°12'49" East, along the east line of said
606.445 acre tract and the West right-of-way line of said Holmes
Road, a distance of 383.77 feet to a 5/8-inch iron rod with cap
stamped "1535/4035" found for an easterly corner of said 606.445
acre tract and the northeast corner of that certain called 2.265
acre tract conveyed to David H. Kendrick and Wife, Debra Kelly
Kendrick by an instrument of record under File Number 2018112388,
F.B.C.O.P.R.;
       Thence, South 88°17'00" West, along and with a southerly line
of said 606.445 acre tract and the north lines of said 2.265 acre
tract and that certain called 2.0 acre tract conveyed to Ronald P.
Frawley and Wife, Suzanne L. Frawley by an instrument of record
under File Number 2018112392, F.B.C.O.P.R., a distance of 571.13
feet to an interior corner of said 606.445 acre tract and the
northwest corner of said 2.0 acre tract, from which a found 5/8-inch
iron rod with cap stamped "1535/4035" bears North 81°52'20" East, a
distance of 0.33 feet;
       Thence, South 02°17'46" East, along an easterly line of the
said 606.445 acre tract and the west line of said 2.0 acre tract, a
distance of 325.02 feet to a 5/8-inch iron rod with cap stamped
"MILLER SURVEY" found for the southwest corner of said 2.0 acre
tract and an easterly corner of the said 606.445 acre tract, lying
on the north line of that certain called 7.9395 acre tract conveyed
to R. Steven Hicks & Wife Sondra Martin Hicks by an instrument of
record under File Number 1999014492, F.B.C.O.P.R.;
       Thence, South 88°16'19" West, along a southerly line of the
said 606.445 acre tract and the north line of said 7.9395 acre
tract, a distance of 673.38 feet to a 5/8-inch iron rod with cap
stamped "MILLER SURVEY" found for an interior corner of said
606.445 acre tract and the northwest corner of said 7.9395 acre
tract;
       Thence, South 02°16'13" East, along an easterly line of the
said 606.445 acre tract and the west line of said 7.9395 acre tract,
a distance of 281.02 feet to a 1/2-inch iron pipe found for an
interior corner of said 606.445 acre tract and the southwest corner
of said 7.9395 acre tract;
       Thence, along the northerly lines of the said 606.445 acre
tract and the southerly lines of said 7.9395 acre tract, the
following five (5) courses and distances:
       North 88°10'19" East, a distance of 389.40 feet to a 1/2-inch
iron pipe found for an interior corner of said 606.445 acre tract;
       North 01°49'41" West, a distance of 19.00 feet to a 1/2-inch
iron pipe found for corner;
       North 88°10'19" East, a distance of 140.64 feet to a point for

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Fiscal NoteView Original

LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
April 21, 2025

TO:
Honorable Cody Harris, Chair, House Committee on Natural Resources
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB5655 by Gates (Relating to the creation of the Fort Bend County Water Control and Improvement District No. 13; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

The fiscal implications of the bill to the district cannot be determined due to the circumstances relating to the district's exercise of eminent domain power, issuance of bonds, or imposition of assessments, fees, and taxes being unknown. No fiscal implication to other units of local government is anticipated.


Source Agencies:
582 Commission on Environmental Quality
LBB Staff:
JMc, TUf, BC, CWi

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Frequently Asked Questions

Common questions about HB5655

Q

What does Texas HB5655 do?

HB5655 establishes the Fort Bend County Water Control and Improvement District No. 13 to finance infrastructure across 911 acres in Fort Bend County. Crucially, the legislation failed to secure the supermajority vote required for immediate effect and condemnation powers; therefore, the District is statutorily prohibited from exercising eminent domain and cannot begin operations until September 1, 2025.

Q

Who authored HB5655?

HB5655 was authored by Texas Representative Gary Gates during the Regular Session.

Q

When was HB5655 signed into law?

HB5655 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB5655?

HB5655 is enforced by Texas Commission on Environmental Quality (TCEQ), Fort Bend County Commissioners Court, Texas Transportation Commission (if state roads involved) and District Board of Directors.

Q

How urgent is compliance with HB5655?

The compliance urgency for HB5655 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of HB5655?

The cost impact of HB5655 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does HB5655 address?

HB5655 addresses topics including fort bend county water control and improvement district no. 13, special districts & authorities, special districts & authorities--water & utility and special districts & authorities--water control improve dist..

Legislative data provided by LegiScanLast updated: November 25, 2025

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