Texas Government Code - GOV'T § 2267.0605. Performance and Payment Bonds Required

(a) The construction, remodel, or repair of a qualifying project may be performed only after performance and payment bonds for the construction, remodel, or repair have been executed in compliance with Chapter 2253 regardless of whether the qualifying project is on public or private property or is publicly or privately owned.

(b) For purposes of this section, a qualifying project is considered a public work under Chapter 2253 and the responsible governmental entity shall assume the obligations and duties of a governmental entity under that chapter.  The obligee under a performance bond under this section may be a public entity, a private person, or an entity consisting of both a public entity and a private person.