Tex. Local Gov't Code Section 212.0106
Bond Requirements and Other Financial Guarantees in Certain Counties


(a)

This section applies only to a person described by Section 212.0105 (Water and Sewer Requirements in Certain Counties)(a).

(b)

If the governing body of a municipality in a county described by Section 212.0105 (Water and Sewer Requirements in Certain Counties)(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 (Minimum State Standards and Model Political Subdivision Rules), 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 (Minimum State Standards and Model Political Subdivision Rules), 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.

Source: Section 212.0106 — Bond Requirements and Other Financial Guarantees in Certain Counties, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­212.­htm#212.­0106 (accessed Mar. 23, 2024).

212.001
Definitions
212.002
Rules
212.003
Extension of Rules to Extraterritorial Jurisdiction
212.004
Plat Required
212.005
Approval by Municipality Required
212.006
Authority Responsible for Approval Generally
212.007
Authority Responsible for Approval: Tract in Extraterritorial Jurisdiction of More than One Municipality
212.008
Application for Approval
212.009
Approval Procedure: Initial Approval
212.010
Standards for Approval
212.011
Effect of Approval on Dedication
212.012
Connection of Utilities
212.013
Vacating Plat
212.014
Replatting Without Vacating Preceding Plat
212.0015
Construction of Subchapter
212.015
Additional Requirements for Certain Replats
212.016
Amending Plat
212.017
Conflict of Interest
212.018
Enforcement in General
212.0021
Subdivision Requirements
212.0025
Chapter-wide Provision Relating to Regulation of Plats and Subdivisions in Extraterritorial Jurisdiction
212.041
Municipality Covered by Subchapter
212.042
Application of Subchapter a
212.043
Definitions
212.044
Plans, Rules, and Ordinances
212.0045
Exception to Plat Requirement: Municipal Determination
212.045
Development Plat Required
212.0046
Exception to Plat Requirement: Certain Property Abutting Aircraft Runway
212.046
Restriction on Issuance of Building and Other Permits by Municipality, County, or Official of Other Governmental Entity
212.047
Approval of Development Plat
212.048
Effect of Approval on Dedication
212.049
Building Permits in Extraterritorial Jurisdiction
212.050
Enforcement
212.0065
Delegation of Approval Responsibility
212.071
Developer Participation Contract
212.072
Duties of Parties Under Contract
212.073
Performance Bond
212.074
Additional Safeguards
212.0081
Required Application Materials
212.0085
Approval Procedure: Applicability
212.0091
Approval Procedure: Conditional Approval or Disapproval Requirements
212.0093
Approval Procedure: Applicant Response to Conditional Approval or Disapproval
212.0095
Approval Procedure: Approval or Disapproval of Response
212.0096
Approval Procedure: Alternative Approval Process
212.0097
Approval Procedure: Waiver Prohibited
212.0099
Judicial Review of Disapproval
212.0101
Additional Requirements: Use of Groundwater
212.101
Application of Subchapter to Certain Home-rule Municipality
212.102
Definitions
212.103
Traffic or Traffic Operations
212.104
Provision Not Enforceable
212.0105
Water and Sewer Requirements in Certain Counties
212.105
Subchapter Controls
212.0106
Bond Requirements and Other Financial Guarantees in Certain Counties
212.0115
Certification Regarding Compliance with Plat Requirements
212.131
Definitions
212.132
Applicability
212.133
Procedure for Adopting Moratorium
212.134
Notice and Public Hearing Requirements
212.135
Justification for Moratorium: Shortage of Essential Public Facilities
212.136
Expiration of Moratorium
212.137
Waiver Procedures Required
212.138
Effect on Other Law
212.139
Limitation on Moratorium
212.0145
Replatting Without Vacating Preceding Plat: Certain Subdivisions
212.0146
Replatting Without Vacating Preceding Plat: Certain Municipalities
212.151
Municipality Covered by Subchapter
212.152
Definition
212.153
Suit to Enforce Restrictions
212.154
Limitation on Enforcement
212.0155
Additional Requirements for Certain Replats Affecting a Subdivision Golf Course
212.155
Notice to Purchasers
212.156
Enforcement by Ordinance
212.157
Governmental Function
212.158
Effect on Other Law
212.171
Applicability
212.172
Development Agreement
212.173
Certain Coastal Areas
212.174
Municipal Utilities
212.0175
Enforcement in Certain Counties
212.201
Definitions
212.202
Applicability
212.203
Construction
212.204
Exclusive Authority
212.205
Parkland Dedication, Fee, or Combination
212.206
Request for Parkland Dedication Determination
212.207
Parkland Dedication Authority
212.208
Limitation on Parkland Dedication Amount
212.209
Initial Requirements for Determining Fees
212.210
General Requirements for Calculation of Fees
212.211
Requirements Calculation of Fees for Municipalities with Low Fees
212.212
Collection of Fees
212.213
Appeal
212.901
Developer Required to Provide Surety
212.902
School District and Open-enrollment Charter School Land Development Standards
212.903
Construction and Renovation Work on County-owned Buildings or Facilities in Certain Counties
212.904
Apportionment of Municipal Infrastructure Costs
212.905
Regulation of Tree Removal
212.906
Certain Value-based Fees and Disclosure of Certain Information Prohibited
212.1351
Justification for Moratorium: Significant Need for Public Facilities
212.1352
Justification for Commercial Moratorium in Certain Circumstances
212.1361
Notice for Extension Required
212.1362
Expiration of Moratorium on Commercial Property in Certain Circumstances
212.1535
Foreclosure by Property Owners’ Association

Accessed:
Mar. 23, 2024

§ 212.0106’s source at texas​.gov