Texas Statutes
Subchapter A. Regulation of Subdivisions
Section 212.0106. Bond Requirements and Other Financial Guarantees in Certain Counties

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

Texas Statutes

Local Government Code

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 212.001. Definitions

Section 212.002. Rules

Section 212.0025. Chapter-Wide Provision Relating to Regulation of Plats and Subdivisions in Extraterritorial Jurisdiction

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 212.007. Authority Responsible for Approval: Tract in Extraterritorial Jurisdiction of More Than One Municipality

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

Section 212.0175. Enforcement in Certain Counties; Penalty

Section 212.018. Enforcement in General