reglab/housing_qa huggingface dataset:
TX Est Code § 358.056 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter B. Mineral Leases After Public Notice|Section 358.056. Hearing on Application; Order

Sec. 358.056.  HEARING ON APPLICATION; ORDER.  (a)  At the time and place designated for the hearing under Section 358.053(a), or at the time to which the hearing is continued as provided by Section 358.053(b), the judge shall:(1)  hear a lease application filed under Section 358.052; and(2)  require proof as to the necessity or advisability of leasing for mineral development the property described in the application and the notice.(b)  The judge shall enter an order authorizing one or more leases affecting and covering the property or portions of property described in the application, with or without pooling provisions or unitization clauses, and with or without cash consideration if considered by the court to be in the best interest of the estate, if the judge is satisfied that:(1)  the application is in proper form;(2)  notice has been given in the manner and for the time required by law;(3)  proof of necessity or advisability of leasing is sufficient; and(4)  the application should be granted.(c)  The order must contain:(1)  the name of the lessee;(2)  any actual cash consideration to be paid by the lessee;(3)  a finding that the requirements of Subsection (b) have been satisfied; and(4)  one of the following findings:(A)  a finding that the personal representative is exempted by law from giving bond; or(B)  if the representative is not exempted by law from giving bond, a finding as to whether the representative's general bond on file is sufficient to protect the personal property on hand, including any cash bonus to be paid.(d)  If the court finds the general bond insufficient to meet the requirements of Subsection (c)(4)(B), the order must show the amount of increased or additional bond required to cover the deficiency.(e)  A complete exhibit copy, either written or printed, of each authorized lease must be set out in the order or attached to the order and incorporated by reference and made part of the order.  The exhibit copy must show:(1)  the name of the lessee;(2)  the date of the lease;(3)  an adequate description of the property being leased;(4)  any delay rental to be paid to defer commencement of operations; and(5)  all other authorized terms and provisions.(f)  If the date of a lease does not appear in the exhibit copy of the lease or in the order, the date of the order is considered for all purposes to be the date of the lease.(g)  If the name or address of the depository bank for receiving rental is not shown in the exhibit copy of a lease, the estate's personal representative may insert that information, or cause that information to be inserted, in the lease at the time of the lease's execution or at any other time agreeable to the lessee or the lessee's successors or assignees.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.057 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter B. Mineral Leases After Public Notice|Section 358.057. Making of Lease on Granting of Application

Sec. 358.057.  MAKING OF LEASE ON GRANTING OF APPLICATION.  (a)  If the court grants an application as provided by Section 358.056, the personal representative of the estate may make the lease or leases, as evidenced by the exhibit copies described by Section 358.056, in accordance with the order.(b)  The lease or leases must be made not later than the 30th day after the date of the order unless an extension is granted by the court on sworn application showing good cause.(c)  It is not necessary for the judge to make an order confirming the lease or leases.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.058 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter B. Mineral Leases After Public Notice|Section 358.058. Bond Requirements

Sec. 358.058.  BOND REQUIREMENTS.  (a)  Unless the personal representative of the estate is not required to give a general bond, a lease for which a cash consideration is required, although ordered, executed, and delivered, is not valid:(1)  unless the order authorizing the lease makes findings with respect to the general bond; and(2)  if the general bond has been found insufficient, unless and until:(A)  the bond has been increased or an additional bond given, as required by the order, with the sureties required by law; and(B)  the increased bond or additional bond has been approved by the judge and filed with the clerk of the court in which the proceedings are pending.(b)  If two or more leases of different land are authorized by the same order, the general bond must be increased, or additional bonds given, to cover all of the leases.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.059 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter B. Mineral Leases After Public Notice|Section 358.059. Term of Lease Binding

Sec. 358.059.  TERM OF LEASE BINDING.  (a)  A lease executed and delivered in compliance with this subchapter is valid and binding on the property or interest in property owned by the estate and covered by the lease for the full term provided by the lease, subject only to the lease's terms and conditions, even if the primary term extends beyond the date the estate is closed in accordance with law.(b)  The authorized primary term of the lease may not exceed five years, subject to the lease terms and provisions extending the lease beyond the primary term by:(1)  paying production;(2)  bona fide drilling or reworking operations, whether in or on the same well or wells or an additional well or wells, without a cessation of operations of more than 60 consecutive days before production has been restored or obtained; or(3)  a shut-in gas well.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|Sec. 358.060.  AMENDMENT OF LEASE REGARDING EFFECT OF SHUT-IN GAS WELL.  (a)  An oil, gas, and mineral lease executed by a personal representative may be amended by an instrument that provides that a shut-in gas well on the land covered by the lease or on land pooled with all or part of the land covered by the lease continues the lease in effect after the lease's five-year primary term.(b)  The personal representative, with the approval of the court, shall execute the instrument according to the terms and conditions prescribed by the instrument.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 3, eff. September 1, 2019.|
TX Est Code § 358.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter C. Mineral Leases at Private Sale|Section 358.101. Authorization for Leasing of Minerals at Private Sale

Sec. 358.101.  AUTHORIZATION FOR LEASING OF MINERALS AT PRIVATE SALE.  (a)  Notwithstanding the mandatory requirements of Subchapter B for setting a time and place for hearing of a lease application filed under Section 358.052 and the issuance, service, and return of notice, the court may authorize the making of oil, gas, and mineral leases at private sale without public notice or advertising if, in the court's opinion, facts are set out in the application required by Subchapter B sufficient to show that it would be more advantageous to the estate that a lease be made privately and without compliance with those mandatory requirements.(b)  Leases authorized by this section may include pooling provisions or unitization clauses as in other cases.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.102 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter C. Mineral Leases at Private Sale|Section 358.102. Action of Court if Public Advertising Not Required

Sec. 358.102.  ACTION OF COURT IF PUBLIC ADVERTISING NOT REQUIRED.  (a)  At any time after the fifth day and before the 11th day after the filing date of an application to lease at private sale and without an order setting the hearing time and place, the court shall:(1)  hear the application;(2)  inquire into the manner in which the proposed lease has been or will be made; and(3)  hear evidence for or against the application.(b)  If satisfied that the lease has been or will be made for a fair and sufficient consideration and on fair terms and has been or will be properly made in conformity with law, the court shall enter an order authorizing the execution of the lease without the necessity of advertising, notice, or citation.  The order must comply in all other respects with the requirements essential to the validity of mineral leases as set out in Subchapter B, as if advertising or notice were required.(c)  The issuance of an order confirming a lease or leases made at private sale is not required, but such a lease is not valid until any increased or additional bond required by the court has been approved by the court and filed with the court clerk.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.151 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter D. Pooling or Unitization of Royalties or Minerals|Section 358.151. Authorization for Pooling or Unitization

Sec. 358.151.  AUTHORIZATION FOR POOLING OR UNITIZATION.  (a)  If an existing lease or leases on property owned by an estate being administered do not adequately provide for pooling or unitization, the court in which the proceedings are pending may, in the manner provided by this subchapter, authorize the commitment of royalty or mineral interests in oil, liquid hydrocarbons, gas, gaseous elements, and other minerals, or any one or more of them, owned by the estate, to agreements that provide for the operation of areas as a pool or unit for the exploration for, development of, and production of all of those minerals, if the court finds that:(1)  the pool or unit to which the agreement relates will be operated in a manner that protects correlative rights or prevents the physical or economic waste of oil, liquid hydrocarbons, gas, gaseous elements, or other minerals subject to the agreement; and(2)  it is in the best interest of the estate to execute the agreement.(b)  An agreement authorized under Subsection (a) may, among other things, provide that:(1)  operations incident to the drilling of or production from a well on any portion of a pool or unit shall be considered for all purposes to be the conduct of operations on or production from each separately owned tract in the pool or unit;(2)  any lease covering any part of the area committed to a pool or unit continues in effect in its entirety as long as:(A)  oil, gas, or other minerals subject to the agreement are produced in paying quantities from any part of the pooled or unitized area;(B)  operations are conducted as provided in the lease on any part of the pooled or unitized area; or(C)  there is a shut-in gas well on any part of the pooled or unitized area, if the presence of the shut-in gas well is a ground for continuation of the lease under the terms of the lease;(3)  the production allocated by the agreement to each tract included in a pool or unit shall, when produced, be considered for all purposes to have been produced from the tract by a well drilled on the tract;(4)  the royalties provided for on production from any tract or portion of a tract within the pool or unit shall be paid only on that portion of the production allocated to the tract in accordance with the agreement;(5)  the dry gas, before or after extraction of hydrocarbons, may be returned to a formation underlying any land or leases committed to the agreement, and that royalties are not required to be paid on the gas returned; and(6)  gas obtained from other sources or other land may be injected into a formation underlying any land or leases committed to the agreement, and that royalties are not required to be paid on the gas injected when the gas is produced from the unit.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.152 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter D. Pooling or Unitization of Royalties or Minerals|Section 358.152. Pooling or Unitization Application

Sec. 358.152.  POOLING OR UNITIZATION APPLICATION.  (a)  The personal representative of an estate shall file with the county clerk of the county in which the probate proceeding is pending a written application for authority to:(1)  enter into pooling or unitization agreements supplementing, amending, or otherwise relating to any existing lease or leases covering property owned by the estate; or(2)  commit royalties or other interests in minerals, whether or not subject to a lease, to a pooling or unitization agreement.(b)  The pooling or unitization application must also:(1)  sufficiently describe the property as required in an original lease application;(2)  describe briefly any lease or leases to which the interest of the estate is subject; and(3)  set out the reasons the proposed agreement concerning the property should be entered into.(c)  A copy of the proposed agreement must be attached to the application and made a part of the application by reference.(d)  The agreement may not be recorded in the judge's probate docket.(e)  Immediately after the pooling or unitization application is filed, the clerk shall call the application to the judge's attention.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.017, eff. January 1, 2014.|
TX Est Code § 358.153 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter D. Pooling or Unitization of Royalties or Minerals|Section 358.153. Notice Not Required

Sec. 358.153.  NOTICE NOT REQUIRED.  Notice by advertising, citation, or otherwise of the filing of a pooling or unitization application under Section 358.152 is not required.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.154 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter D. Pooling or Unitization of Royalties or Minerals|Section 358.154. Hearing on Application

Sec. 358.154.  HEARING ON APPLICATION.  (a)  The judge may hold a hearing on a pooling or unitization application filed under Section 358.152 at any time agreeable to the parties to the proposed agreement.(b)  The judge shall hear evidence and determine to the judge's satisfaction whether it is in the best interest of the estate that the proposed agreement be authorized.(c)  The hearing may be continued from day to day and from time to time as the court finds necessary.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.155 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter D. Pooling or Unitization of Royalties or Minerals|Section 358.155. Action of Court and Contents of Order

Sec. 358.155.  ACTION OF COURT AND CONTENTS OF ORDER.  (a)  The court shall enter an order setting out the court's findings and authorizing execution of the proposed pooling or unitization agreement, with or without payment of cash consideration according to the agreement, if the court finds that:(1)  the pool or unit to which the agreement relates will be operated in a manner that protects correlative rights or prevents the physical or economic waste of oil, liquid hydrocarbons, gas, gaseous elements, or other minerals subject to the agreement;(2)  it is in the best interest of the estate that the agreement be executed; and(3)  the agreement conforms substantially with the permissible provisions of Section 358.151.(b)  If cash consideration is to be paid for the agreement, the court shall also make findings as to the necessity of increased or additional bond, as in the making of leases on payment of the cash bonus for the lease.  Such an agreement is not valid until any required increased or additional bond has been approved by the judge and filed with the clerk.(c)  If the effective date of the agreement is not stipulated in the agreement, the effective date of the agreement is the date of the court's order.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.201 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter E. Special Ancillary Instruments That May Be Executed Without Court Order|Section 358.201. Authorization for Execution of Agreements

Sec. 358.201.  AUTHORIZATION FOR EXECUTION OF AGREEMENTS.  As to any mineral lease or pooling or unitization agreement, executed on behalf of an estate or by a former owner of land, minerals, or royalty affected by the lease or agreement, the personal representative of the estate being administered may, without further court order and without consideration, execute:(1)  division orders;(2)  transfer orders;(3)  instruments of correction;(4)  instruments designating depository banks for the receipt of delay rentals or shut-in gas well royalty to accrue or become payable under the terms of the lease; and(5)  similar instruments relating to the lease or agreement and the property covered by the lease or agreement.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 4, eff. September 1, 2019.|
TX Est Code § 358.251 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter F. Procedure if Personal Representative of Estate Neglects to Apply for Authority|Section 358.251. Application to Show Cause

Sec. 358.251.  APPLICATION TO SHOW CAUSE.  If the personal representative of an estate neglects to apply for authority to subject estate property to a lease for mineral development, pooling, or unitization, or to commit royalty or another interest in minerals to pooling or unitization, any person interested in the estate may, on written application filed with the county clerk, have the representative cited to show cause why it is not in the best interest of the estate to make such a lease or enter into such an agreement.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.252 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter F. Procedure if Personal Representative of Estate Neglects to Apply for Authority|Section 358.252. Hearing on Application

Sec. 358.252.  HEARING ON APPLICATION.  (a)  The county clerk shall immediately call the filing of an application under Section 358.251 to the attention of the judge of the court in which the probate proceedings are pending.(b)  The judge shall set a time and place for a hearing on the application, and the personal representative of the estate shall be cited to appear and show cause why the execution of a lease or agreement described by Section 358.251 should not be ordered.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.253 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter F. Procedure if Personal Representative of Estate Neglects to Apply for Authority|Section 358.253. Order

Sec. 358.253.  ORDER.  On a hearing conducted under Section 358.252, if satisfied from the evidence that it would be in the best interest of the estate, the court shall enter an order requiring the personal representative promptly to file an application to subject the estate property to a lease for mineral development, with or without pooling or unitization provisions, or to commit royalty or other minerals to pooling or unitization, as appropriate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.254 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter F. Procedure if Personal Representative of Estate Neglects to Apply for Authority|Section 358.254. Procedure to Be Followed After Entry of Order

Sec. 358.254.  PROCEDURE TO BE FOLLOWED AFTER ENTRY OF ORDER.  After entry of an order under Section 358.253, the procedure prescribed with respect to an original lease application, or with respect to an original application for authority to commit royalty or minerals to pooling or unitization, whichever is appropriate, shall be followed.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|