Texas Transportation Code

§ 223.205 — PERFORMANCE AND PAYMENT SECURITY

TN § 223.205Title 6. ROADWAYS · Part B. STATE HIGHWAY SYSTEM · Ch. 223. BIDS AND CONTRACTS FOR HIGHWAY PROJECTS · Art. E. COMPREHENSIVE DEVELOPMENT AGREEMENTS

Statute text

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(a)Notwithstanding Section 223.006 and the requirements of Subchapter B, Chapter 2253, Government Code, the department shall require a private entity entering into a comprehensive development agreement under this subchapter to provide a performance and payment bond or an alternative form of security in an amount sufficient to:

(1)ensure the proper performance of the agreement; and

(2)protect:

(A)the department; and

(B)payment bond beneficiaries who have a direct contractual relationship with the private entity or a subcontractor of the private entity to supply labor or material.

(b)A performance and payment bond or alternative form of security shall be in an amount equal to the cost of constructing or maintaining the project.

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Legislative history

Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.21, eff. June 14, 2005.