Sec. 212.0106. BOND REQUIREMENTS AND OTHER FINANCIAL GUARANTEES IN CERTAIN COUNTIES. (a) This section applies only to a person described by Section 212.0105(a).
(b) If the governing body of a municipality in a county described by Section 212.0105(a)(1)(A) or (B) requires the owner of the tract to execute a bond, the owner must do so before subdividing the tract unless an alternative financial guarantee is provided under Subsection (c). The bond must:
(1) be payable to the presiding officer of the governing body or to the presiding officer's successors in office;
(2) be in an amount determined by the governing body to be adequate to ensure the proper construction or installation of the water and sewer service facilities to service the subdivision but not to exceed the estimated cost of the construction or installation of the facilities;
(3) be executed with sureties as may be approved by the governing body;
(4) be executed by a company authorized to do business as a surety in this state if the governing body requires a surety bond executed by a corporate surety; and
(5) be conditioned that the water and sewer service facilities will be constructed or installed:
(A) in compliance with the model rules adopted under Section 16.343, Water Code; and
(B) within the time stated on the plat or on the document attached to the plat for the subdivision or within any extension of that time.
(c) In lieu of the bond an owner may deposit cash, a letter of credit issued by a federally insured financial institution, or other acceptable financial guarantee.
(d) If a letter of credit is used, it must:
(1) list as the sole beneficiary the presiding officer of the governing body; and
(2) be conditioned that the water and sewer service facilities will be constructed or installed:
(A) in compliance with the model rules adopted under Section 16.343, Water Code; and
(B) within the time stated on the plat or on the document attached to the plat for the subdivision or within any extension of that time.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 3.01, eff. Sept. 1, 1989.
Structure Texas Statutes
Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities
Subtitle A - Municipal Regulatory Authority
Chapter 212 - Municipal Regulation of Subdivisions and Property Development
Subchapter A. Regulation of Subdivisions
Section 212.003. Extension of Rules to Extraterritorial Jurisdiction
Section 212.004. Plat Required
Section 212.0045. Exception to Plat Requirement: Municipal Determination
Section 212.0046. Exception to Plat Requirement: Certain Property Abutting Aircraft Runway
Section 212.005. Approval by Municipality Required
Section 212.006. Authority Responsible for Approval Generally
Section 212.0065. Delegation of Approval Responsibility
Section 212.008. Application for Approval
Section 212.0085. Approval Procedure: Applicability
Section 212.009. Approval Procedure: Initial Approval
Section 212.0091. Approval Procedure: Conditional Approval or Disapproval Requirements
Section 212.0093. Approval Procedure: Applicant Response to Conditional Approval or Disapproval
Section 212.0095. Approval Procedure: Approval or Disapproval of Response
Section 212.0096. Approval Procedure: Alternative Approval Process
Section 212.0097. Approval Procedure: Waiver Prohibited
Section 212.0099. Judicial Review of Disapproval
Section 212.010. Standards for Approval
Section 212.0101. Additional Requirements: Use of Groundwater
Section 212.0105. Water and Sewer Requirements in Certain Counties
Section 212.0106. Bond Requirements and Other Financial Guarantees in Certain Counties
Section 212.011. Effect of Approval on Dedication
Section 212.0115. Certification Regarding Compliance With Plat Requirements
Section 212.012. Connection of Utilities
Section 212.013. Vacating Plat
Section 212.014. Replatting Without Vacating Preceding Plat
Section 212.0145. Replatting Without Vacating Preceding Plat: Certain Subdivisions
Section 212.0146. Replatting Without Vacating Preceding Plat: Certain Municipalities
Section 212.015. Additional Requirements for Certain Replats
Section 212.0155. Additional Requirements for Certain Replats Affecting a Subdivision Golf Course
Section 212.016. Amending Plat
Section 212.017. Conflict of Interest; Penalty