reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter L. Approval of Sale of Real Property and Transfer of Title › Section 1158.551. Report

Sec. 1158.551.  REPORT.  A successful bid or private contract for the sale of estate real property shall be reported to the court ordering the sale not later than the 30th day after the date the bid is made or the property is placed under contract.  The report must:
(1)  be in writing, sworn to, and filed with the clerk;
(2)  include:
(A)  the date of the order of sale;
(B)  a description of the property being sold;
(C)  the time and place of the auction or date the property is placed under contract;
(D)  the purchaser's name;
(E)  the amount of the successful bid or the purchase price for each parcel of property or interest in the parcel of property auctioned or placed under contract;
(F)  the terms of the sale;
(G)  whether the proposed sale of the property was made at public auction or by contract; and
(H)  whether the purchaser is ready to comply with the order of sale; and
(3)  be noted on the guardianship docket.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 46, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter L. Approval of Sale of Real Property and Transfer of Title › Section 1158.552. Action of Court on Report

Sec. 1158.552.  ACTION OF COURT ON REPORT.  After the expiration of five days from the date a report is filed under Section 1158.551, the court shall:
(1)  consider the manner in which the auction described in the report was held or the contract described in the report was entered into;
(2)  consider evidence in support of or against the report; and
(3)  determine the sufficiency or insufficiency of the guardian's general bond, if any has been required and given.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 47, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter L. Approval of Sale of Real Property and Transfer of Title › Section 1158.553. Approval of Sale When Bond Not Required

Sec. 1158.553.  APPROVAL OF SALE WHEN BOND NOT REQUIRED.  If the guardian of the estate of a ward is not required by Subtitle D to give a general bond, the court may approve the sale of estate real property in the manner provided by Section 1158.556(a) if the court finds that the sale is satisfactory and made in accordance with law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 48, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter L. Approval of Sale of Real Property and Transfer of Title › Section 1158.554. Sufficiency of Bond

Sec. 1158.554.  SUFFICIENCY OF BOND.  (a)  If the guardian of an estate is required by Subtitle D to give a general bond, before the court approves any sale of real estate, the court shall determine whether the bond is sufficient to protect the estate after the sale proceeds are received.
(b)  If the court finds that the general bond is sufficient, the court may approve the sale as provided by Section 1158.556(a).
(c)  If the court finds that the general bond is insufficient, the court may not approve the sale until the general bond is increased to the amount required by the court, or an additional bond is given, and approved by the court.
(d)  An increase in the amount of the general bond, or the additional bond, as applicable under Subsection (c), must be equal to the sum of:
(1)  the amount for which the real estate is sold; and
(2)  any additional amount the court finds necessary and sets for the estate's protection.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 49, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter L. Approval of Sale of Real Property and Transfer of Title › Section 1158.555. Increased or Additional Bond Not Required

Sec. 1158.555.  INCREASED OR ADDITIONAL BOND NOT REQUIRED.  Notwithstanding Sections 1158.554(c) and (d), if the real estate sold is encumbered by a lien to secure a claim against the estate and is sold to the owner or holder of the secured claim in full payment, liquidation, and satisfaction of the claim, an increased general bond or additional bond may not be required except for the amount of any cash paid to the guardian of the estate in excess of the amount necessary to pay, liquidate, and satisfy the claim in full.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter L. Approval of Sale of Real Property and Transfer of Title › Section 1158.556. Approval or Disapproval Order

Sec. 1158.556.  APPROVAL OR DISAPPROVAL ORDER.  (a)  If the court is satisfied that the proposed sale of real property reported under Section 1158.551 is for a fair price, properly made, and in conformity with law, and the court has approved any increased or additional bond that the court found necessary to protect the estate, the court shall enter an order:
(1)  approving the sale;
(2)  showing conformity with this chapter;
(3)  detailing the terms of the sale; and
(4)  authorizing the guardian of the estate to convey the property on the purchaser's compliance with the terms of the sale.
(b)  If the court is not satisfied that the proposed sale of real property is for a fair price, properly made, and in conformity with law, the court shall enter an order setting aside the bid or contract and ordering a new sale to be made, if necessary.
(c)  The court's action in approving or disapproving a report under Section 1158.551 has the effect of a final judgment.  Any person interested in the guardianship estate or in the sale is entitled to have an order entered under this section reviewed as in other final judgments in probate proceedings.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 50, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter L. Approval of Sale of Real Property and Transfer of Title › Section 1158.557. Deed

Sec. 1158.557.  DEED.  Real estate of an estate that is sold shall be conveyed by a proper deed that refers to and identifies the court order approving the sale.  The deed:
(1)  vests in the purchaser all right and title of the estate to, and all interest of the estate in, the property; and
(2)  is prima facie evidence that the sale has met all applicable requirements of the law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 51, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter L. Approval of Sale of Real Property and Transfer of Title › Section 1158.558. Delivery of Deed

Sec. 1158.558.  DELIVERY OF DEED.  (a)  After the court has approved a sale and the purchaser has complied with the terms of the sale, the guardian of the estate shall promptly execute and deliver to the purchaser a proper deed conveying the property.
(b)  If the sale is made partly on credit:
(1)  the vendor's lien securing a purchase money note must be expressly retained in the deed and may not be waived; and
(2)  before actual delivery of the deed to the purchaser, the purchaser shall execute and deliver to the guardian of the estate a vendor's lien note, with or without personal sureties as ordered by the court, and a deed of trust or mortgage on the property as additional security for the payment of the note.
(c)  On completion of the transaction, the guardian of the estate shall promptly file and record the deed of trust or mortgage in the appropriate records in the county in which the land is located.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 52, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter L. Approval of Sale of Real Property and Transfer of Title › Section 1158.559. Damages; Removal

Sec. 1158.559.  DAMAGES; REMOVAL.  (a)  If the guardian of the estate neglects to comply with Section 1158.558, including to file the deed of trust securing a lien in the proper county, the guardian and the sureties on the guardian's bond shall, after complaint and citation, be held liable for the use of the estate and for all damages resulting from the guardian's neglect, and the court may remove the guardian.
(b)  Damages under this section may be recovered in a court of competent jurisdiction.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter M. Procedure on Failure to Apply for Sale › Section 1158.601. Failure to Apply for Sale

Sec. 1158.601.  FAILURE TO APPLY FOR SALE.  If the guardian of the estate of a ward neglects to apply for an order to sell sufficient  property to pay charges and claims against the estate that have been allowed and approved or established by suit, an interested person, on written application, may have the guardian cited to appear and make a full exhibit of the estate's condition and show cause why a sale of the property should not be ordered.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter M. Procedure on Failure to Apply for Sale › Section 1158.602. Court Order

Sec. 1158.602.  COURT ORDER.  On hearing an application under Section 1158.601, if the court is satisfied that a sale of estate property is necessary or advisable to satisfy the charges and claims described by Section 1158.601, the court shall enter an order of sale as provided by Section 1158.256.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter N. Purchase of Estate Property by Guardian › Section 1158.651. General Prohibition on Purchase

Sec. 1158.651.  GENERAL PROHIBITION ON PURCHASE.  Except as otherwise provided by Section 1158.652 or 1158.653, the guardian of the estate of a ward may not purchase, directly or indirectly, any estate property sold by the guardian or any co-representative of the guardian.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter N. Purchase of Estate Property by Guardian › Section 1158.652. Exception: Executory Contract

Sec. 1158.652.  EXCEPTION: EXECUTORY CONTRACT.  The guardian of the estate of a ward may purchase estate property in compliance with the terms of a written executory contract signed by the ward before the ward became incapacitated, including:
(1)  a contract for deed;
(2)  an earnest money contract;
(3)  a buy/sell agreement; and
(4)  a stock purchase or redemption agreement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter N. Purchase of Estate Property by Guardian › Section 1158.653. Exception: Best Interest of Estate

Sec. 1158.653.  EXCEPTION: BEST INTEREST OF ESTATE.  (a)  The guardian of the estate may purchase estate property on the court's determination that the sale is in the estate's best interest.
(b)  In the case of an application filed by the guardian of the estate of a ward, the court shall appoint an attorney ad litem to represent the ward with respect to the sale.
(c)  The court may require notice for a sale made under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter N. Purchase of Estate Property by Guardian › Section 1158.654. Purchase in Violation of Subchapter

Sec. 1158.654.  PURCHASE IN VIOLATION OF SUBCHAPTER.  (a)  If the guardian of the estate of a ward purchases estate property in violation of this subchapter, a person interested in the estate may file a written complaint with the court in which the guardianship proceedings are pending.
(b)  On service of citation on the guardian on a complaint filed under Subsection (a) and after hearing and proof, the court shall:
(1)  declare the sale void;
(2)  set aside the sale; and
(3)  order the reconveyance of the property to the estate.
(c)  The court shall adjudge against the guardian all costs of the sale, protest, and suit, if found necessary.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter O. Partition of Ward's Interest in Real Estate › Section 1158.701. Partition by Agreement

Sec. 1158.701.  PARTITION BY AGREEMENT.  (a)  The guardian of the estate of a ward may agree to a partition of real estate in which the ward owns an interest in common with one or more other part owners if, in the opinion of the guardian, it is in the best interests of the ward's estate to partition the real estate.
(b)  An agreement under Subsection (a) is subject to the approval of the court in which the guardianship proceeding is pending.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter O. Partition of Ward's Interest in Real Estate › Section 1158.702. Application for Approval of Partition Agreement

Sec. 1158.702.  APPLICATION FOR APPROVAL OF PARTITION AGREEMENT.  (a)  When a guardian has reached an agreement with the other part owners on how to partition real estate as described by Section 1158.701, the guardian shall file with the court in which the guardianship proceedings are pending an application to have the agreement approved by the court.
(b)  The application must:
(1)  describe the real estate to be divided;
(2)  state why it is in the best interests of the ward's estate to partition the real estate; and
(3)  show that the proposed partition agreement is fair and just to the ward's estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter O. Partition of Ward's Interest in Real Estate › Section 1158.703. Hearing

Sec. 1158.703.  HEARING.  (a)  The county clerk shall immediately call to the attention of the judge of the court in which the guardianship proceeding is pending the filing of an application required by Section 1158.702.  The judge shall designate a day to hear the application.
(b)  The application must remain on file at least 10 days before any orders are entered.
(c)  The judge may continue a hearing held under this section from time to time until the judge is satisfied concerning the application.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter O. Partition of Ward's Interest in Real Estate › Section 1158.704. Order

Sec. 1158.704.  ORDER.  If the judge is satisfied that the proposed partition of the real estate is in the best interests of the ward's estate, the court shall enter an order approving the partition and directing the guardian to execute the necessary agreement for the purpose of implementing the order and partition.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter O. Partition of Ward's Interest in Real Estate › Section 1158.705. Partition Without Court Approval; Ratification of Partition Agreement

Sec. 1158.705.  PARTITION WITHOUT COURT APPROVAL; RATIFICATION OF PARTITION AGREEMENT.  (a)  If a guardian, without court approval as provided by this subchapter, executes or intends to execute an agreement to partition any real estate in which the ward has an interest, the guardian shall file with the court in which the guardianship proceedings are pending an application for the approval and ratification of the partition agreement.
(b)  The application must:
(1)  refer to the agreement in a manner in which the court can fully understand the nature of the partition and the real estate being divided; and
(2)  state that, in the opinion of the guardian, the agreement is fair and just to the ward's estate and is in the best interests of the estate.
(c)  On the filing of an application under Subsection (a), the court shall hold a hearing on the application as provided by Section 1158.703.  The court shall enter an order ratifying and approving the partition agreement if the court is of the opinion that the partition is:
(1)  fairly made; and
(2)  in the best interests of the ward's estate.
(d)  On ratification and approval, the partition is effective and binding as if originally executed after a court order.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1158 - Sale or Partition of Ward's Property › Subchapter O. Partition of Ward's Interest in Real Estate › Section 1158.706. Partition by Suit

Sec. 1158.706.  PARTITION BY SUIT.  (a)  The guardian of the estate of a ward may bring a suit in the court in which the guardianship proceeding is pending for the partition of any real estate that the ward owns in common with one or more other part owners if the guardian is of the opinion that it is in the best interests of the ward's estate that the real estate be partitioned.
(b)  The court may enter an order partitioning the real estate to the owner of the real estate, if after hearing the suit, the court is satisfied that the partition of the real estate is necessary.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1159 - Renting Estate Property › Subchapter A. Rental and Return of Estate Property › Section 1159.001. Renting Estate Property Without Court Order

Sec. 1159.001.  RENTING ESTATE PROPERTY WITHOUT COURT ORDER.  (a)  The guardian of an estate, without a court order, may rent any of the estate property for one year or less, at public auction or privately, as is considered to be in the best interests of the estate.
(b)  On the sworn complaint of any person interested in the estate, the court shall require a guardian of the estate who, without a court order, rents estate property to account to the estate for the reasonable value of the rent of the property, to be ascertained by the court on satisfactory evidence.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1159 - Renting Estate Property › Subchapter A. Rental and Return of Estate Property › Section 1159.002. Renting Estate Property With Court Order

Sec. 1159.002.  RENTING ESTATE PROPERTY WITH COURT ORDER.  (a) The guardian of an estate may file a written application with the court setting forth the property the guardian seeks to rent.  If the proposed rental period is one year or more, the guardian of the estate shall file a written application with the court setting forth the property the guardian seeks to rent.
(b)  If the court finds that granting an application filed under Subsection (a) is in the interests of the estate, the court shall grant the application and issue an order that:
(1)  describes the property to be rented; and
(2)  states whether the property will be rented at public auction or privately, whether for cash or on credit, and if on credit, the extent of the credit and the period for which the property may be rented.
(c)  If, under Subsection (b), the court orders property to be rented at public auction, the court shall prescribe whether notice of the auction shall be published or posted.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1159 - Renting Estate Property › Subchapter A. Rental and Return of Estate Property › Section 1159.003. Estate Property Rented on Credit

Sec. 1159.003.  ESTATE PROPERTY RENTED ON CREDIT.  (a)  Possession of estate property rented on credit may not be delivered until the renter executes and delivers to the guardian of the estate a note with good personal security for the amount of the rent.  If the property is delivered without the guardian receiving the required security, the guardian and the sureties on the guardian's bond are liable for the full amount of the rent.
(b)  Subsection (a) does not apply to a rental that is paid in installments in advance of the period to which the installments relate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1159 - Renting Estate Property › Subchapter A. Rental and Return of Estate Property › Section 1159.004. Condition of Returned Estate Property

Sec. 1159.004.  CONDITION OF RETURNED ESTATE PROPERTY. (a) Estate property that is rented must be returned to the estate's possession in as good a condition, except for reasonable wear and tear, as when the property was rented.
(b)  The guardian of the estate shall:
(1)  ensure that rented estate property is returned in the condition required by Subsection (a);
(2)  report to the court any damage to, or loss or destruction of, estate property rented under this chapter; and
(3)  ask the court for the authority to take any necessary action.
(c)  A guardian who fails to act as required by this section and the sureties on the guardian's bond are liable to the estate for any loss or damage suffered as a result of the guardian's failure.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1159 - Renting Estate Property › Subchapter A. Rental and Return of Estate Property › Section 1159.005. Complaint for Failure to Rent

Sec. 1159.005.  COMPLAINT FOR FAILURE TO RENT.  (a) A person interested in a guardianship may:
(1)  file a written and sworn complaint in the court in which the estate is pending; and
(2)  have the guardian of the estate cited to appear and show cause why the guardian did not rent any estate property.
(b)  The court, on hearing the complaint, shall issue an order that is in the best interests of the estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1159 - Renting Estate Property › Subchapter B. Report on Rented Estate Property › Section 1159.051. Reports Concerning Rentals

Sec. 1159.051.  REPORTS CONCERNING RENTALS.  (a) A guardian of an estate who rents estate property with an appraised value of $3,000 or more, not later than the 30th day after the date of the rental, shall file with the court a sworn and written report stating:
(1)  the property rented and the property's appraised value;
(2)  the date the property was rented and whether the rental occurred at public auction or privately;
(3)  the name of the person renting the property;
(4)  the rental amount;
(5)  whether the rental was for cash or on credit; and
(6)  if the rental was on credit, the length of time, the terms, and the security received for the credit.
(b)  A guardian of an estate who rents estate property with an appraised value of less than $3,000 may report the rental in the next annual or final account that must be filed as required by law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1159 - Renting Estate Property › Subchapter B. Report on Rented Estate Property › Section 1159.052. Court Action on Report

Sec. 1159.052.  COURT ACTION ON REPORT.  (a)  After the fifth day after the date the report of the rental is filed, the court shall:
(1)  examine the report; and
(2)  by order approve and confirm the rental if the court finds the rental just and reasonable.
(b)  If the court disapproves the rental, the guardianship is not bound and the court may order another offering for rent of the property in the same manner and subject to the provisions of this chapter.
(c)  If the court approves the rental and it later appears that, by reason of the fault of the guardian of the estate, the property was not rented for the property's reasonable value, the court shall have the guardian and the sureties on the guardian's bond appear and show cause why the reasonable value of the rental of the property should not be adjudged against the guardian or sureties.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1160 - Matters Relating to Mineral Properties › Subchapter A. General Provisions › Section 1160.001. Definitions

Sec. 1160.001.  DEFINITIONS.  In this chapter:
(1)  "Gas" includes all liquid hydrocarbons in the gaseous phase in the reservoir.
(2)  "Land" includes minerals or an interest in minerals in place.
(3)  "Mineral development" includes exploration for, whether by geophysical or other means, drilling for, mining for, development of, operations in connection with, production of, and saving of oil, other liquid hydrocarbons, gas, gaseous elements, sulphur, metals, and all other minerals, whether solid or otherwise.
(4)  "Property" includes land, minerals in place, whether solid, liquid, or gaseous, and an interest of any kind in the property, including a royalty interest, owned by an estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1160 - Matters Relating to Mineral Properties › Subchapter B. Mineral Leases After Public Notice › Section 1160.051. Authorization for Leasing of Minerals

Sec. 1160.051.  AUTHORIZATION FOR LEASING OF MINERALS.  (a)  The court in which a guardianship proceeding is pending may authorize the guardian, acting solely under a court order, to make, execute, and deliver a lease, with or without a unitization clause or pooling provision, providing for the exploration for and development and production of oil, other liquid hydrocarbons, gas, metals and other solid minerals, and other minerals, or any of those minerals in place, belonging to the estate.
(b)  A lease authorized by Subsection (a) must be made and entered into under and in conformity with this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1160 - Matters Relating to Mineral Properties › Subchapter B. Mineral Leases After Public Notice › Section 1160.052. Lease Application

Sec. 1160.052.  LEASE APPLICATION.  (a)  The guardian of the estate shall file with the court a written application for authority to lease estate property for mineral exploration and development, with or without a pooling provision or unitization clause.
(b)  The lease application must:
(1)  describe the property fully enough by reference to the amount of acreage, the survey name or number, or the abstract number, or by another method that adequately identifies the property and the property's location in the county in which the property is located;
(2)  specify the interest thought to be owned by the estate, if less than the whole, but request authority to include all of the interest owned by the estate if that is the intention; and
(3)  set out the reasons the estate property described in the application should be leased.
(c)  The lease application is not required to set out or suggest:
(1)  the name of any proposed lessee; or
(2)  the terms, provisions, or form of any desired lease.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1160 - Matters Relating to Mineral Properties › Subchapter B. Mineral Leases After Public Notice › Section 1160.053. Scheduling of Hearing on Application; Continuance

Sec. 1160.053.  SCHEDULING OF HEARING ON APPLICATION; CONTINUANCE.  (a)  Immediately after the filing of a lease application under Section 1160.052, the county clerk shall call the filing of the application to the court's attention.  The judge shall promptly make and enter a brief order designating the time and place for hearing the application.
(b)  If the hearing is not held at the time originally designated by the court or by a timely continuance order entered, the hearing shall be continued automatically without further notice to the same time on the following day, other than Sundays and holidays on which the county courthouse is officially closed, and from day to day until the lease application is finally acted on and disposed of by court order.  Notice of an automatic continuance is not required.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1160 - Matters Relating to Mineral Properties › Subchapter B. Mineral Leases After Public Notice › Section 1160.054. Notice of Hearing on Application

Sec. 1160.054.  NOTICE OF HEARING ON APPLICATION.  (a)  At least 10 days before the date set for the hearing on a lease application filed under Section 1160.052, excluding the date of notice and the date set for the hearing, the guardian of the estate shall give notice of the hearing by:
(1)  publishing the notice in one issue of a newspaper of general circulation in the county in which the proceeding is pending; or
(2)  if there is no newspaper in the county, posting the notice or having the notice posted.
(b)  If the notice is published, the date of notice is the date printed on the newspaper.
(c)  The notice must:
(1)  be dated;
(2)  be directed to all persons interested in the estate;
(3)  state the date on which the lease application was filed;
(4)  describe briefly the property sought to be leased;
(5)  specify the fractional interest sought to be leased if less than the entire interest in the tract identified; and
(6)  state the time and place designated by the judge for the hearing.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1160 - Matters Relating to Mineral Properties › Subchapter B. Mineral Leases After Public Notice › Section 1160.055. Requirements Regarding Order and Notice Mandatory

Sec. 1160.055.  REQUIREMENTS REGARDING ORDER AND NOTICE MANDATORY.  A court order authorizing any act to be performed in accordance with a lease application filed under Section 1160.052 is void in the absence of:
(1)  a written order originally designating a time and place for the hearing;
(2)  a notice issued by the guardian of the estate in compliance with the order; and
(3)  proof of publication or posting of the notice as required under Section 1160.054.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1160 - Matters Relating to Mineral Properties › Subchapter B. Mineral Leases After Public Notice › Section 1160.056. Hearing on Application; Order

Sec. 1160.056.  HEARING ON APPLICATION; ORDER.  (a)  At the time and place designated for the hearing under Section 1160.053(a), or at the time to which the hearing is continued as provided by Section 1160.053(b), the judge shall:
(1)  hear a lease application filed under Section 1160.052; 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 lease 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 guardian of the estate is exempt by law from giving a bond; or
(B)  if the guardian of the estate is required to give a bond, a finding as to whether the guardian'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, attached to, incorporated by reference in, or 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 a depository bank for receiving rental is not shown in the exhibit copy of a lease, the guardian of the estate may insert the name or address, or cause the name or address 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 assigns.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1160 - Matters Relating to Mineral Properties › Subchapter B. Mineral Leases After Public Notice › Section 1160.057. Making of Lease on Granting of Application

Sec. 1160.057.  MAKING OF LEASE ON GRANTING OF APPLICATION.  (a)  If on the hearing of a lease application filed under Section 1160.052 the court grants the application, the guardian of the estate may make the lease, as evidenced by the exhibit copies, in accordance with the order.
(b)  The lease must be made not later than the 30th day after the date of the order unless an extension is granted by the court on a sworn application showing good cause.
(c)  It is not necessary for the judge to make an order confirming the lease.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1160 - Matters Relating to Mineral Properties › Subchapter B. Mineral Leases After Public Notice › Section 1160.058. Bond Requirements

Sec. 1160.058.  BOND REQUIREMENTS.  (a)  Unless the guardian 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 a finding with respect to the general bond; and
(2)  if the general bond has been found insufficient, until:
(A)  the bond has been increased or an additional bond given with the sureties required by law, as required by the order; and
(B)  the increased or additional bond has been approved by the judge and filed with the clerk of the court in which the proceeding is pending.
(b)  If two or more leases of different land are authorized by the same order, the general bond shall be increased or additional bonds given to cover all of the leases.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1160 - Matters Relating to Mineral Properties › Subchapter B. Mineral Leases After Public Notice › Section 1160.059. Term of Lease Binding

Sec. 1160.059.  TERM OF LEASE BINDING.  A lease executed and delivered in compliance with this subchapter is valid and binding on the property or interest 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.  For the lease to be valid and binding under this subchapter, 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 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Sec. 1160.060.  AMENDMENT OF LEASE REGARDING EFFECT OF SHUT-IN GAS WELL.  (a)  An oil, gas, and mineral lease executed by a guardian of an estate 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 guardian of the estate, with court approval, shall execute the instrument according to the terms and conditions prescribed in the instrument.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1160 - Matters Relating to Mineral Properties › Subchapter C. Mineral Leases at Private Sale › Section 1160.101. Authorization for Leasing of Minerals at Private Sale

Sec. 1160.101.  AUTHORIZATION FOR LEASING OF MINERALS AT PRIVATE SALE.  (a)  Notwithstanding the mandatory requirements for setting a time and place for hearing a lease application under Subchapter B and the issuance, service, and return of notice, the court may authorize the making of oil, gas, and mineral leases at a private sale without public notice or advertising if, in the court's opinion, facts are set out in the application 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 under this subchapter may include pooling provisions or unitization clauses as in other cases.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1160 - Matters Relating to Mineral Properties › Subchapter C. Mineral Leases at Private Sale › Section 1160.102. Action of Court if Public Advertising Not Required

Sec. 1160.102.  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 a 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 the court is 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 set out in Subchapter B as if advertising or notice were required.
(c)  An order that confirms a lease made at a private sale does not need to be issued.  A lease made at a private sale 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 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1160 - Matters Relating to Mineral Properties › Subchapter D. Pooling or Unitization of Royalties or Minerals › Section 1160.151. Authorization for Pooling or Unitization

Sec. 1160.151.  AUTHORIZATION FOR POOLING OR UNITIZATION.  (a)  If an existing lease on property owned by an estate being administered does not adequately provide for pooling or unitization, the court in which the proceeding is 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 interests of the estate to execute the agreement.
(b)  An agreement authorized under Subsection (a) may provide that:
(1)  operations incident to the drilling of or production from a well on any portion of a pool or unit are 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 another tract of land may be injected into a formation underlying any land or lease 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 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.