Tex. Local Gov't Code Section 262.032
Bid or Performance Bond; Payment Under Contract


(a)

If the contract is for the construction of public works or is under a contract exceeding $100,000, the bid specifications or request for proposals may require the bidder to furnish a good and sufficient bid bond in the amount of five percent of the total contract price. A bid bond must be executed with a surety company authorized to do business in this state.

(b)

Within 30 days after the date of the signing of a contract or issuance of a purchase order following the acceptance of a bid or proposal and prior to commencement of the actual work, the bidder or proposal offeror shall furnish a performance bond to the county, if required by the county, for the full amount of the contract if that contract exceeds $50,000. This subsection does not apply to a performance bond required to be furnished by Chapter 2253 (Public Work Performance and Payment Bonds), Government Code.

(c)

If the contract is for $50,000 or less, the county may provide in the bid notice or request for proposals that no money will be paid to the contractor until completion and acceptance of the work or the fulfillment of the purchase obligation to the county.

(d)

A bidder or proposal offeror whose rates are subject to regulation by a state agency may not be required to furnish a performance bond or a bid bond under this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 59(e), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 109, Sec. 3, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 696, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 33, Sec. 1, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(17), eff. Sept. 1, 1995.

Source: Section 262.032 — Bid or Performance Bond; Payment Under Contract, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­262.­htm#262.­032 (accessed Jun. 5, 2024).

262.001
Appointment of Agent to Make Contracts
262.002
Authority to Purchase Road Equipment and Tires Through Comptroller
262.003
Small, Sole-source Purchase Exempt from Competitive Bidding
262.004
Contract and Other Instruments Vest Rights in County
262.005
Application of Other Law
262.006
Least Cost Review Program
262.007
Suit Against County Arising Under Certain Contracts
262.011
Purchasing Agents
262.012
County Auditors as Purchasing Agents in Certain Counties
262.021
Short Title
262.022
Definitions
262.023
Competitive Requirements for Certain Purchases
262.024
Discretionary Exemptions
262.025
Competitive Bidding Notice
262.026
Opening of Bids
262.027
Awarding of Contract
262.028
Lump-sum or Unit Price Method
262.029
Time Warrant Election
262.030
Alternative Competitive Proposal Procedure for Certain Goods and Services
262.031
Changes in Plans and Specifications
262.032
Bid or Performance Bond
262.033
Injunction
262.034
Criminal Penalties
262.036
Selection and Retention of Insurance Broker
262.037
Qualification
262.0225
Additional Competitive Procedures
262.0235
Procedures Adopted by County Purchasing Agents for Electronic Bids or Proposals
262.0241
Mandatory Exemptions: Certain Recreational Services
262.0245
Competitive Procurement Procedures Adopted by County Purchasing Agents or Commissioners Court
262.0255
Additional Notice and Bond Provisions Relating to Purchase of Certain Equipment
262.0256
Pre-bid Conference for Certain Counties or a District Governed by Those Counties
262.0271
Consideration of Health Insurance Provided by Bidder
262.0275
Safety Record of Bidder Considered
262.0276
Contract with Person Indebted to County
262.0295
Alternative Multistep Competitive Proposal Procedure
262.0305
Modification After Award

Accessed:
Jun. 5, 2024

§ 262.032’s source at texas​.gov