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.
Section: Previous 358.001 358.051 358.052 358.053 358.054 358.055 358.056 358.057 358.058 358.059 358.060 358.101 358.102 358.151 358.152 NextLast modified: September 28, 2016