Waller County approves MS4 permit application, sells mobility bonds and clears local development, law-enforcement agreements

WALLER COUNTY, Texas — The Waller County Commissioners Court on Tuesday authorized the county to file a notice of intent (NOI) for coverage under the Texas Commission on Environmental Quality municipal separate storm sewer (MS4) general permit, approved sale of the county—s 2025 mobility bond tranche to BofA Securities at a lower-than-expected interest cost, and signed off on a series of development, road and interlocal law-enforcement measures.

The court voted to prepare and submit the MS4 NOI to TCEQ and to begin interlocal discussions with the Brookshire-Katy Drainage District and applicable municipal utility districts (MUDs) to share compliance duties. Commissioners also accepted a bid for the county—s mobility bond series 2025 and authorized contracts and payments tied to ongoing courthouse and justice-center construction.

County Engineer Ross explained the MS4 requirement to commissioners and described the scope of work the permit obliges the county to track and report. "A municipal separate storm sewer system, MS4, is basically anything that conveys storm water," Ross said, adding that the county falls inside the Houston urbanized area for the 2020 census and therefore meets TCEQ—s threshold for regulation. Ross told the court the program will require outreach, illicit discharge detection, construction stormwater controls and annual reporting to TCEQ.

Why it matters: the MS4 permit is a regulatory obligation under the federal Clean Water Act, implemented in Texas through TCEQ. It creates an ongoing compliance program that will require staff time, likely new resources in future budgets and coordination with drainage districts and MUDs where jurisdictions overlap.

Stormwater and next steps

Ross told the court the county was notified recently that it qualifies as a regulated MS4 due to inclusion in the Houston urbanized area and must file an NOI. He said the county could develop a stormwater management program in several months but emphasized staffing and budget consequences: the county will need to document public education, illicit discharge detection and construction-site controls and submit annual reports to TCEQ. "It's going to require people," Ross said. He recommended outreach to local drainage districts and MUDs to seek partnership and cost-sharing.

Commissioners amended a motion to authorize Ross to enter interlocal discussions with the Brookshire-Katy Drainage District (BKDD) and any applicable MUDs; the amended motion passed. The court did not appropriate a final budget for MS4 compliance at the meeting but directed staff to begin the NOI and coordination steps and to return budgetary details for FY2026 planning.

Bond sale and fiscal impact

Ben Rosenberg, the county—s financial adviser with U.S. Capital Advisors, presented the results of a competitive sale for the second tranche of Waller County—s mobility bonds. BofA Securities submitted the winning bid; Rosenberg said the transaction produced a true interest cost significantly lower than recent projections.

"The difference between 4.6 and 3.7 is over $10,000,000 in interest savings for the county," Rosenberg said, explaining the lower yields resulted from competitive bidding and market conditions. The commissioners approved an order authorizing sale of the 2025 general obligation bonds to BofA Securities and the county will receive the bond proceeds for the mobility projects after procedural closing steps, with funds expected to be deposited February 27.

Rosenberg noted the county—s AA stable credit rating from S&P and that the first scheduled debt service payment for these bonds will not be due until Feb. 15, 2026, giving the county time to reflect payments in next year—s budget.

Local development and land actions

The court approved several land-use and development items on the agenda:

- Bartlett Road right-of-way: Commissioners approved abandonment and vacation of a 1,867-foot segment of Bartlett Road and associated right-of-way. County staff said the vacated parcel would not cut off access to existing lots, would revert to prior ownership or to local entities that currently hold fee title (in part to MUDs), and could be repurposed for drainage. A county official noted some portions were presently owned in fee by local MUDs.

- Wilson Road RV Park (Precinct 3): The court approved an infrastructure development plan for a gated Wilson Road RV Park offering roughly 337 rental RV lots, weekly rental occupancy, an amenity/retention pond and on-site management with nighttime patrols. County staff said the development meets county subdivision requirements; the developer provided a secondary emergency egress and proposed security cameras and on-site management. Commissioners and staff confirmed TxDOT approval was required for any driveway connections to State Highway 362 and that the developer has coordinated for required TxDOT driveway work. A related variance to the county—s subdivision regulations (flag-lot access length) was also approved.

Law enforcement interlocal agreement

The court approved an interlocal cooperation agreement to participate in a multi-agency "Lone Star" law-enforcement operational effort that allows participating counties and cities to share personnel, equipment and seizures on joint operations. A sheriff—s office representative identified as Angela told the court the standard one-year MOU provides for the county to contribute one deputy and related equipment, allows 90-day cancellation, and contemplates case-by-case sharing of seized funds; the joint operations are typically narcotics-focused but are written broadly to allow other joint enforcement activities.

Other notable approvals and administrative items

The court passed a number of additional routine and budget-related measures, including payments tied to the ongoing courthouse and justice-center construction program, renewals for archival and digital-archiving services, and authorization to submit a body-worn camera grant application on behalf of Constable Precinct 4 (state grant with 25 percent local match). Commissioners also approved a $19,529 award under the State Criminal Alien Assistance Program (SCAAP) and a behavioral-health services agreement with Texana Center for $35,933, all as presented by county staff.

Votes at a glance (selected agenda items and outcomes)

- Agenda approval: approved (unanimous). - Consent agenda (item 18 withdrawn): approved. - 19 — Proclamation observing February as Black History Month (Waller County): approved. - 20 — Payment of $21,038 to Utility Associates Inc. for evidence management software: approved. - 21 — Interlocal cooperation MOU for Lone Star law-enforcement operations (one-year term, cancelable): approved. - 22 — Abandonment/vacation of Bartlett Road right-of-way (1,867 feet): approved. - 23 — Infrastructure Development Plan for Wilson Road RV Park (Precinct 3), ~337 rental lots: approved. - 24 — Variance to Waller County subdivision rules (flag-lot access length) related to the RV park: approved. - 25 — Prepare and submit Notice of Intent for MS4 permit application to TCEQ: approved. - 26 — Approve county engineer to enter interlocal discussions with BKDD and applicable MUDs related to MS4 compliance (amended to include MUDs): approved as amended. - 27 — Renewal contract/payment for archival services (Schmarsh/Granicus): approved as amended. - 28 — Fiscal Year 2024 SCAAP award acceptance ($19,529): approved. - 29 — Authorize submission of FY26 body-worn camera grant application for Constable Precinct 4 (deadline Feb. 15): approved. - 31 — Advertisement of RFQ for external auditing services: approved. - 32 — Series of semiannual debt payments due 02/15/2025 totaling $5,330,072.94 (multiple bond/CO/note payables): approved. - 33 / 34 / 35 — Construction-pay applications and related invoices to Soudalco and others tied to the Justice Center and modular buildings: approved. - 36 — Authorize Texas Independence Day fireworks sales (order): approved. - 37 — Agreement with Texana Center for behavioral health services ($35,933): approved. - 38 — Order approving sale of Waller County GO Bonds, Series 2025, to BofA Securities: approved. - 39 — Resolution expressing intent to reimburse certain expenditures from bond proceeds: approved.

What commissioners said and next steps

Commissioners emphasized the practical impacts of MS4 compliance: it will require staff time, education of the public and partners, and funding planning during the FY2026 budget cycle. Ross was directed to begin the NOI filing and initial coordination talks with BKDD and MUDs. Financial staff and the county—s bond counsel will complete closing steps for the bond sale after the court—s authorization; bond proceeds for mobility projects are expected to be deposited Feb. 27.

The court recessed briefly to sign bond documents and returned to continue other business; no public comments were recorded for the session.

Ending

The court concluded by sending staff to begin MS4 coordination and by directing departments to prepare budget and implementation details for the programs and contracts approved. The county—s immediate next steps are filing the TCEQ NOI, completing bond-closing paperwork and preparing FY2026 budget estimates for MS4 implementation and other capital projects.