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Texas public works performance bonds.
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Before you start work on a Texas public work contract over $100,000, the governmental entity that awarded it must require a performance bond in the amount of the contract. It is underwritten, not flat-rated: a surety specialist reviews your company and the job, then returns a quote, usually within one business day.

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Required on public work contracts over $100,000 by Tex. Gov’t Code § 2253.021(a)(1), executed to the awarding governmental entity before work begins
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Penal sum is the amount of the contract — you enter it, the surety underwrites it
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The owner cannot dictate your surety: § 2253.021(g) bars requiring a bond from any specific surety, agent or broker
Underwrittencontract sets the penal sumSoft pull onlynever a hard inquiry1 daytypical specialist reply
Trusted by industry leaders
New York City Economic Development Corporation (NYCEDC)
Blumenfeld Development Group (BDG)
Capital Development Partners
McKinney Properties
Terra Capital
JLL (Jones Lang LaSalle)
Triple Five Group
The Georgetown Company
New York City Economic Development Corporation (NYCEDC)
Blumenfeld Development Group (BDG)
Capital Development Partners
McKinney Properties
Terra Capital
JLL (Jones Lang LaSalle)
Triple Five Group
The Georgetown Company
How it works

Bonded before the notice to proceed.

Section 2253.021 requires the bond before you begin the work, so the performance bond usually sits between the award letter and the notice to proceed. Here is the whole process:

TODAY · ONE APPLICATION

Send us the job

Apply online with the bond amount (the contract price), the county you are based in, your company’s date of incorporation and the type of work the bond covers. Have the award letter or contract and the owner’s bond form ready.

WITHIN 1 BUSINESS DAY

A surety specialist underwrites it

A specialist reviews the contract, your company financials, work in progress and completed jobs of similar size, then returns a quote. Larger or first-time public contracts may need financial statements or collateral before the surety commits.

ON APPROVAL

Execute & deliver

Once you bind, we issue the executed bond with the power of attorney and the surety’s claim-notice information attached, ready to deliver to the state agency, county, city or school district that awarded the contract.

About this bond

What it is and who needs it.

Texas’s public works performance bond, in plain terms

Chapter 2253 of the Texas Government Code is the state’s public works bond law. Under § 2253.021(a), a governmental entity that makes a public work contract with a prime contractor shall require the contractor, before beginning the work, to execute a performance bond to that entity if the contract is in excess of $100,000. A public work contract is a contract for constructing, altering or repairing a public building or carrying out or completing any public work (§ 2253.001(4)).

The bond protects the owner, not your subs. Section 2253.021(b) makes the performance bond solely for the protection of the state or governmental entity awarding the contract, in the amount of the contract, and conditioned on the faithful performance of the work in accordance with the plans, specifications and contract documents. If you default, the surety answers to the owner for completing the job or covering the cost to finish. The payment bond that protects subcontractors and suppliers is a separate bond under § 2253.021(a)(2) with its own, lower thresholds — this performance bond does not satisfy it.

Who the bond runs to depends on the owner. A bond on a contract with the state or a state department, board or agency must be payable to the state on a form approved by the attorney general; a bond for any other governmental entity must be payable to, and on a form approved by, that entity (§ 2253.021(e)). Only a corporate surety may execute it (§ 2253.021(d)), and Ins. Code § 3503.005(a) adds that the surety must be authorized to write surety bonds in Texas and, on a bond above $100,000, hold a U.S. Treasury certificate of authority or reinsure liability above $1 million. Because the surety stands behind the whole contract, the bond is underwritten on your financial statements, work history and backlog — we tell you what your file needs before you commit.

Tex. Gov’t Code § 2253.021Tex. Gov’t Code § 2253.021(a)(1) requires a governmental entity that makes a public work contract with a prime contractor to require the contractor, before beginning the work, to execute to the governmental entity a performance bond if the contract is in excess of $100,000. Under § 2253.021(b) the bond is solely for the protection of the state or governmental entity awarding the contract, in the amount of the contract, and conditioned on faithful performance of the work in accordance with the plans, specifications and contract documents. It must be executed by a corporate surety (§ 2253.021(d)), payable to the state on an attorney-general-approved form for state contracts or payable to the awarding entity on its own form otherwise (§ 2253.021(e)), and must display the surety’s claim-notice address and phone number or the Texas Department of Insurance toll-free number (§ 2253.021(f)). A suit on a performance bond may not be brought after the first anniversary of final completion, abandonment or termination of the contract (§ 2253.078(a)). Related amount rules: cities require a bond in the full amount of the contract price (Loc. Gov’t Code § 252.044(a)); counties may require a performance bond for the full amount of a contract over $50,000, due within 30 days after signing and before work starts (Loc. Gov’t Code § 262.032(b)); and on a design-build contract for a building awarded before a fixed price or guaranteed maximum price is set, the penal sum equals the construction budget in the design criteria package, with the design portion unbonded (Gov’t Code § 2269.311).

You need this bond if you’re

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A prime contractor on a state contract building for a Texas state agency, department or board on a public work contract over $100,000
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A contractor for a city or county awarded a public works contract, including county contracts over $50,000 where the county’s bid documents require a performance bond
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A contractor for a school district constructing, altering or repairing a school building or other district public work
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A design-build firm delivering the construction-phase bond on a public design-build contract, sized to the contract or the construction budget
After you buy

Claims, renewal, filing, and what sets the price.

If a claim is made

A claim comes from the party the bond protects, the obligee named on the form, when the duty the bond guarantees is not met.

The surety investigates and pays a valid claim, up to the bond amount. You then repay the surety: a surety bond is a guarantee of your performance, not insurance for you.

Renewal and term

Term and renewal are set in the underwriter's quote.

Keep the bond in force for as long as the obligation behind it runs.

How to file it

Execute & deliver. Once you bind, we issue the executed bond with the power of attorney and the surety’s claim-notice information attached, ready to deliver to the state agency, county, city or school district that awarded the contract.

What sets the price

This bond is underwritten: the premium is quoted from the bond amount and your financial picture, so there is no flat price to show.

One application, one underwriting review.

These are the carrier’s actual fields — the bond amount, your principal county, your company’s date of incorporation and the type of work the bond covers. Submit once and a surety specialist reviews the job and your file together and returns a quote, typically within one business day. Free until your bond is issued.

Start the application →
FAQ

Common questions.

What is a Texas public works performance bond?It is the bond a prime contractor gives a Texas governmental entity before starting a public work contract over $100,000, as Gov’t Code § 2253.021(a)(1) requires. It is in the amount of the contract, protects only the awarding entity, and guarantees you will perform the work according to the plans, specifications and contract documents. Governmental entities include the state, counties, cities, their departments, boards and agencies, and school districts (§ 2253.001(1)).
How much does it cost?It is underwritten, not flat-rated. The statute sets the penal sum at the contract amount, and the premium depends on that sum, your company’s financial statements, work history, backlog and the job itself. A surety specialist reviews the file and returns a quote, usually within one business day. The application includes a credit consent, but it authorizes a soft credit pull only — a soft inquiry that never affects your score. No hard inquiry ever runs on this bond.
Who sets the bond amount?The contract does. Section 2253.021(b) puts the performance bond in the amount of the contract, and cities must require one in the full amount of the contract price (Loc. Gov’t Code § 252.044(a)). On a design-build contract for a building awarded before a fixed price or guaranteed maximum price exists, the penal sum equals the construction budget in the design criteria package (Gov’t Code § 2269.311(b)). You enter the amount; we underwrite it.
Will I need collateral?Sometimes. Because the surety guarantees completion of the whole contract, a large job, a thin balance sheet or a first public contract can call for CPA-prepared financial statements, a larger working-capital cushion or collateral. Many established contractors bond without collateral. We tell you exactly what your file requires before you commit.
Does this cover the payment bond too?No. Chapter 2253 requires two separate bonds. The performance bond protects the owner; the payment bond protects subcontractors and suppliers who deal directly with you or a subcontractor, and it is required at lower contract thresholds under § 2253.021(a)(2). If your contract needs both, apply for both — the owner will not accept a performance bond in place of a payment bond.
Which A-rated carriers underwrite these bonds?Typically Arch Insurance Company (A.M. Best A+) or Nationwide Mutual Insurance Company (A.M. Best A). Which one writes your bond depends on the bond type and your state. The carrier's name and official signature are printed on the bond you receive.
How do I contact Light RFP about this bond?Email insurance@lightrfp.com. It reaches the bond team at Light RFP Risk Management Services LLC (NY DFS License # PC-1978982). Write to us about quotes, applications, bond forms or certificates. We will respond within 24 hours.
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Get bonded before the notice to proceed.

Send us the contract amount and the job, and a surety specialist sizes, underwrites and quotes your Texas public works performance bond — typically within one business day. Free until issued.

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