Sec. 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, 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.