reglab/housing_qa huggingface dataset:
TX Est Code § 1105.105 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter C. General Provisions Relating to Bonds|Section 1105.105. Bond of Married Person

Sec. 1105.105.  BOND OF MARRIED PERSON.  (a)  A married person appointed as guardian may jointly execute, with or without, the person's spouse, a bond required by law.(b)  A bond executed by a married person:(1)  binds the person's separate estate; and(2)  may bind the person's spouse only if the spouse signs the bond.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.106 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter C. General Provisions Relating to Bonds|Section 1105.106. Bond of Married Person Younger Than 18 Years of Age

Sec. 1105.106.  BOND OF MARRIED PERSON YOUNGER THAN 18 YEARS OF AGE.  A bond required to be executed by a person who is younger than 18 years of age, is or has been married, and accepts and qualifies as guardian is as valid and binding for all purposes as if the person were of legal age.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.107 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter C. General Provisions Relating to Bonds|Section 1105.107. Bond of Guardianship Program

Sec. 1105.107.  BOND OF GUARDIANSHIP PROGRAM.  The judge may require a guardianship program appointed guardian under this title to file one bond that:(1)  meets all the conditions required under this title; and(2)  is in an amount sufficient to protect all of the guardianships and the creditors of the guardianships of the wards receiving services from the guardianship program.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.108 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter C. General Provisions Relating to Bonds|Section 1105.108. Subscription of Bond by Principals and Sureties

Sec. 1105.108.  SUBSCRIPTION OF BOND BY PRINCIPALS AND SURETIES.  A bond required under this title shall be subscribed by the principals and sureties.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.109 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter C. General Provisions Relating to Bonds|Section 1105.109. Form of Bond

Sec. 1105.109.  FORM OF BOND.  The following form, or a form with the same substance, may be used for the bond of a guardian:"The State of Texas"County of __________"Know all persons by these presents that we, _____ (insert name of each principal), as principal, and ____ (insert name of each surety), as sureties, are held and firmly bound to the judge of ____ (insert reference to appropriate judge), and that judge's successors in office, in the sum of $______; conditioned that the above bound principal or principals, appointed by the judge as guardian or temporary guardian of the person or of the estate, or both, of __________ (insert name of ward, stating in each case whether the person is a minor or an incapacitated person other than a minor), shall well and truly perform all of the duties required of the guardian or temporary guardian by law under appointment."|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.110 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter C. General Provisions Relating to Bonds|Section 1105.110. Filing of Bond

Sec. 1105.110.  FILING OF BOND.  A bond required under this title shall be filed with the clerk after the court approves the bond.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.111 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter C. General Provisions Relating to Bonds|Section 1105.111. Failure to Give Bond

Sec. 1105.111.  FAILURE TO GIVE BOND.  Another person may be appointed as guardian to replace a guardian who fails to give the bond required by the court within the period required under this title.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.112 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter C. General Provisions Relating to Bonds|Section 1105.112. Bond Not Void on First Recovery

Sec. 1105.112.  BOND NOT VOID ON FIRST RECOVERY.  A guardian's bond is not void on the first recovery, but the bond may be sued on and prosecuted from time to time until the entire amount of the bond is recovered.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.151 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate|Section 1105.151. General Formalities

Sec. 1105.151.  GENERAL FORMALITIES.  A bond given by a guardian of the estate must:(1)  be conditioned as required by law;(2)  be payable to the judge or that judge's successors in office;(3)  have the written approval of the judge in the judge's official capacity; and(4)  be executed and approved in accordance with this subchapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.152 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate|Section 1105.152. General Standard Regarding Amount of Bond

Sec. 1105.152.  GENERAL STANDARD REGARDING AMOUNT OF BOND.  (a)  The judge shall set the amount of a bond for a guardian of an estate in an amount sufficient to protect the guardianship and the guardianship's creditors, as provided by this title.(b)  In determining the amount of the bond, the court may not consider estate assets placed in a management trust under Chapter 1301.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.153 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate|Section 1105.153. Evidentiary Hearing on Amount of Bond

Sec. 1105.153.  EVIDENTIARY HEARING ON AMOUNT OF BOND.  Before setting the amount of a bond required of a guardian of an estate, the court shall hear evidence and determine:(1)  the amount of cash on hand and where that cash is deposited;(2)  the amount of cash estimated to be needed for administrative purposes, including the operation of a business, factory, farm, or ranch owned by the guardianship estate, and administrative expenses for one year;(3)  the revenue anticipated to be received in the succeeding 12 months from dividends, interest, rentals, or use of property belonging to the guardianship estate and the aggregate amount of any installments or periodic payments to be collected;(4)  the estimated value of certificates of stock, bonds, notes, or other securities of the ward, and the name of the depository in which the stocks, bonds, notes, or other securities are deposited;(5)  the face value of life insurance or other policies payable to the ward or the ward's estate;(6)  the estimated value of other personal property that is owned by the guardianship, or by a person with a disability; and(7)  the estimated amount of debts due and owing by the ward.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.154 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate|Section 1105.154. Specific Bond Amount

Sec. 1105.154.  SPECIFIC BOND AMOUNT.  (a)  Except as otherwise provided by this section, the judge shall set the amount of a bond of a guardian of an estate in an amount equal to the sum of:(1)  the estimated value of all personal property belonging to the ward; and(2)  an additional amount to cover revenue anticipated to be derived during the succeeding 12 months from:(A)  interest and dividends;(B)  collectible claims;(C)  the aggregate amount of any installments or periodic payments, excluding income derived or to be derived from federal social security payments; and(D)  rentals for the use of property.(b)  The judge shall reduce the amount of the original bond under Subsection (a) in proportion to the amount of cash or the value of securities or other assets:(1)  authorized or required to be deposited by court order; or(2)  voluntarily deposited by the guardian or the sureties on the guardian's bond as provided in Sections 1105.156 and 1105.157(a).(c)  The judge shall set the amount of the bond for a temporary guardian.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.155 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate|Section 1105.155. Agreement Regarding Deposit of Estate Assets

Sec. 1105.155.  AGREEMENT REGARDING DEPOSIT OF ESTATE ASSETS.  (a)  If the court considers it to be in the best interests of the ward, the court may require the guardian of the estate and the corporate or personal sureties on the guardian's bond to agree to deposit cash and other assets of the guardianship estate in a depository described by Subsection (b).  If the depository is otherwise proper, the court may require the deposit to be made in a manner so as to prevent the withdrawal of the money or other assets in the guardianship estate without the written consent of the surety or on court order made after notice to the surety.(b)  Cash and assets must be deposited under this section in a financial institution as defined by Section 201.101, Finance Code, that:(1)  has its main office or a branch office in this state; and(2)  is qualified to act as a depository in this state under the laws of this state or the United States.(c)  An agreement made by a guardian and the sureties on the guardian's bond under this section does not release the principal or sureties from liability, or change the liability of the principal or sureties, as established by the terms of the bond.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.156 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate|Section 1105.156. Deposit of Estate Assets on Terms Prescribed by Court

Sec. 1105.156.  DEPOSIT OF ESTATE ASSETS ON TERMS PRESCRIBED BY COURT.  (a)  Cash, securities, or other personal assets of a ward to which the ward is entitled may, or if considered by the court to be in the best interests of the ward, shall, be deposited in one or more depositories described by this subchapter on terms prescribed by the court.(b)  The court in which the guardianship proceeding is pending may authorize or require additional estate assets currently on hand or that accrue during the pendency of the proceeding to be deposited as provided by Subsection (a) on:(1)  the court's own motion; or(2)  the written application of the guardian or any other person interested in the ward.(c)  The amount of the bond required to be given by the guardian of the estate shall be reduced in proportion to the amount of the cash or the value of the securities or other assets deposited under this section.(d)  Cash, securities, or other assets deposited under this section may be withdrawn wholly or partly from the depository only in accordance with a court order, and the amount of the guardian's bond shall be increased in proportion to the amount of the cash or the value of the securities or other assets authorized to be withdrawn.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.157 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate|Section 1105.157. Deposits of Guardian

Sec. 1105.157.  DEPOSITS OF GUARDIAN.  (a)  Instead of giving a surety or sureties on a bond, or to reduce the amount of a bond, the guardian of an estate may deposit the guardian's own cash or securities acceptable to the court with a financial institution as defined by Section 201.101, Finance Code, that has its main office or a branch office in this state.(b)  If the deposit is otherwise proper, the deposit must be in an amount or value equal to the amount of the bond required or the bond shall be reduced by the value of assets that are deposited.(c)  A depository that receives a deposit made under Subsection (a) shall issue a receipt for the deposit that:(1)  shows the amount of cash deposited or the amount and description of the securities deposited, as applicable; and(2)  states that the depository agrees to disburse or deliver the cash or securities only on receipt of a certified copy of an order of the court in which the proceeding is pending.(d)  A receipt issued by a depository under Subsection (c) must be attached to the guardian's bond and be delivered to and filed by the county clerk after the receipt is approved by the judge.(e)  The amount of cash or securities on deposit may be increased or decreased, by court order from time to time, as the interests of the guardianship require.(f)  A deposit of cash or securities made instead of a surety on the bond may be withdrawn or released only on order of a court that has jurisdiction.(g)  A creditor has the same rights against a guardian of the estate and the deposits as are provided for recovery against sureties on a bond.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.158 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate|Section 1105.158. Bond Required Instead of Deposits

Sec. 1105.158.  BOND REQUIRED INSTEAD OF DEPOSITS.  (a)  The court may on its own motion or on the written application by the guardian of an estate or any other person interested in the guardianship:(1)  require the guardian to give adequate bond instead of the deposit; or(2)  authorize withdrawal of the deposit and substitution of a bond with sureties.(b)  Before the 21st day after the date the guardian is personally served with notice of the filing of the application or the date the court enters the court's motion, the guardian shall file a sworn statement showing the condition of the guardianship.(c)  A guardian who fails to comply with Subsection (b) is subject to removal as in other cases.(d)  The deposit may not be released or withdrawn until the court:(1)  is satisfied as to the condition of the guardianship estate;(2)  determines the amount of the bond; and(3)  receives and approves the bond.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.159 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate|Section 1105.159. Withdrawal of Deposits on Closing of Guardianship

Sec. 1105.159.  WITHDRAWAL OF DEPOSITS ON CLOSING OF GUARDIANSHIP.  (a)  Any deposit of assets of the guardian of an estate, the guardianship, or a surety that remains at the time a guardianship is closed shall be released by court order and paid to the person entitled to the assets.(b)  Except as provided by Subsection (c), a writ of attachment or garnishment does not lie against a deposit described by Subsection (a).(c)  A writ of attachment or garnishment may lie against a deposit described by Subsection (a) as to a claim of a creditor of the guardianship or a person interested in the guardianship, including a distributee or ward, only to the extent the court has ordered distribution.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.160 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate|Section 1105.160. Authorized Corporate or Personal Sureties

Sec. 1105.160.  AUTHORIZED CORPORATE OR PERSONAL SURETIES.  (a)  The surety on a bond of a guardian of an estate may be an authorized corporate or personal surety.(b)  A bond of a guardian of an estate with sureties who are individuals must have at least two sureties, each of whom must:(1)  execute an affidavit in the manner provided by Subchapter E; and(2)  own property in this state, excluding property exempt by law, that the judge is satisfied is sufficient to qualify the person as a surety as required by law.(c)  A bond with an authorized corporate surety is only required to have one surety, except as otherwise provided by law.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.161 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate|Section 1105.161. Sureties for Certain Bonds

Sec. 1105.161.  SURETIES FOR CERTAIN BONDS.  (a)  If the amount of the bond of a guardian of an estate exceeds $50,000, the court may require that the bond be signed by:(1)  at least two authorized corporate sureties; or(2)  one corporate surety and at least two good and sufficient personal sureties.(b)  The guardianship shall pay the cost of a bond with corporate sureties.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.162 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate|Section 1105.162. Deposits by Personal Surety

Sec. 1105.162.  DEPOSITS BY PERSONAL SURETY.  Instead of executing an affidavit under Section 1105.201 or creating a lien under Section 1105.202 when required, a personal surety may deposit the surety's own cash or securities in the same manner as a guardian instead of pledging real property as security, subject to the provisions governing the deposits if made by a guardian.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.163 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate|Section 1105.163. Applicability of Subchapter to Certain Court Orders

Sec. 1105.163.  APPLICABILITY OF SUBCHAPTER TO CERTAIN COURT ORDERS.  To the extent applicable, the provisions of this subchapter relating to the deposit of cash and securities cover the orders entered by the court when:(1)  property of a guardianship has been authorized to be sold or rented;(2)  money is borrowed from the guardianship;(3)  real property, or an interest in real property, has been authorized to be leased for mineral development or made subject to unitization;(4)  the general bond has been found insufficient; or(5)  money is borrowed or invested on behalf of a ward.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.201 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter E. Provisions Relating to Personal Sureties|Section 1105.201. Affidavit of Personal Surety

Sec. 1105.201.  AFFIDAVIT OF PERSONAL SURETY.  (a)  Before a judge considers a bond with a personal surety, each personal surety must execute an affidavit stating the amount by which the surety's assets that are reachable by creditors exceeds the surety's liabilities.  The total of the surety's worth must equal at least twice the amount of the bond.(b)  Each affidavit must be presented to the judge for consideration and, if approved, shall be attached to and form part of the bond.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|