Tex. Prop. Code Section 221.063
Alternative to Escrow or Trust Account: Financial Assurance


(a)

Instead of the deposit of funds in an escrow or trust account as provided by Section 221.061 (Escrow or Trust Account Required), the commission may accept from the developer a surety bond, irrevocable letter of credit, or other form of financial assurance, including financial assurance posted in another state or jurisdiction.

(b)

The amount of the financial assurance provided under this section must be an amount equal to or more than the amount of funds that would otherwise be placed in an escrow or trust account under Section 221.061 (Escrow or Trust Account Required)(a).

(c)

The amount of the financial assurance provided under this section for timeshare property under construction as provided by Section 221.061 (Escrow or Trust Account Required)(d) must be the lesser of:

(1)

an amount equal to or more than the amount of funds that would otherwise be placed in an escrow or trust account under that subsection; or

(2)

the amount necessary to assure completion of the building in which the timeshare interest is located.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 6.03, eff. Sept. 1, 1987. Renumbered from Sec. 201.063 by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(b), eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 539 (H.B. 1045), Sec. 10, eff. January 15, 2006.

Source: Section 221.063 — Alternative to Escrow or Trust Account: Financial Assurance, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­221.­htm#221.­063 (accessed Jun. 5, 2024).

221.001
Short Title
221.002
Definitions
221.003
Applicability
221.004
Conflicts of Law
221.011
Declaration
221.012
Conveyance and Encumbrance
221.013
Common Ownership
221.014
Partition
221.021
Registration Required
221.022
Application for Registration
221.023
Amendment of Registration
221.024
Powers of Commission
221.025
Effect of Registration on Other Laws: Exemption from Certain Laws
221.026
Issuance and Renewal of Registration
221.027
Temporary Suspension
221.028
Denial of Registration Renewal
221.031
Advertisements and Promotions
221.032
Timeshare Disclosure Statement
221.033
Exchange Disclosure Statement
221.034
Exempt Offerings and Dispositions
221.035
Supervisory Duties of Developer
221.036
Developer Preparation and Completion of Documents
221.037
Alternative Terminology or Name
221.041
Purchaser’s Right to Cancel
221.042
Notice
221.043
Contract Requirements
221.051
Operation Requirement
221.052
Liability of Developer and Exchange Company
221.053
Exchange Company Liability
221.061
Escrow or Trust Account Required
221.062
Release of Escrow
221.063
Alternative to Escrow or Trust Account: Financial Assurance
221.064
Documentation Required
221.071
Deceptive Trade Practices
221.072
Insurance
221.073
Penalty
221.074
Annual Timeshare Fee and Expense Statement
221.075
Civil Penalty for Late Statement
221.076
Managing Entities that Manage More than One Timeshare Property
221.077
Availability of Books and Records
221.081
Applicability
221.082
Powers and Limitations of Board
221.083
Period of Developer Control
221.084
Election of Initial Board Members and Officers
221.085
Removal of Board Members
221.086
Quorum
221.087
Votes
221.088
Open Meetings
221.089
Notice
221.090
Duties
221.101
Transfer or Termination of Timeshare Interest
221.102
Applicability
221.103
General Disclosures Required
221.104
Disclosure of Authorized Use of Timeshare Interest
221.105
Disclosures Relating to Payment of Fees for Transfer Services
221.106
Required Notice for Transfer Services
221.107
Required Notice for Termination Services
221.108
Reliance
221.109
Duty of Good Faith Regarding Transfer or Termination Services
221.110
Deceptive Trade Practices
221.111
Supervisory Duties
221.0245
Complaint Investigation

Accessed:
Jun. 5, 2024

§ 221.063’s source at texas​.gov