Tex. Est. Code § 1352.055 · Subchapter B. MORTGAGE OF MINOR'S INTEREST WITHOUT GUARDIANSHIP
SURETY BOND; DISCHARGE OF SURETIES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Before a hearing under Section 1352.054 is held, the parent or managing conservator shall file with the county clerk a surety bond. The bond must be:
(1) in an amount at least equal to two times the amount of the proposed home equity loan;
(2) payable to and approved by the court; and
(3) conditioned on the parent or managing conservator:
(A) using the proceeds of the home equity loan attributable to the minor's interest solely for the purposes authorized by Section 1352.056; and
(B) making payments on the minor's behalf toward the outstanding balance of the home equity loan.
(b) After the first anniversary of the date a parent or managing conservator executes a home equity loan authorized under this subchapter, the court may, on motion of the borrower, reduce the amount of the surety bond required under this section to an amount that is not less than the loan's outstanding balance.
(c) The court may not discharge the person's sureties from all further liability under a surety bond until the court:
(1) approves the filing of the parent's or managing conservator's reports required under Sections 1352.057 and 1352.058;
(2) finds that the parent or managing conservator used loan proceeds resulting from the minor's interest solely for the purposes authorized by Section 1352.056; and
(3) is presented with satisfactory evidence that the home equity loan has been repaid and is no longer considered an outstanding obligation.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1352.htm
- Text hash
- sha256 7ef4ba3583a7b94a085f0fbaca72d1e29723af69c15ccd19d579f8a5549eb858
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Estates Code
- Tex. Est. Code § 1352.054HEARING; REQUIREMENTS TO MORTGAGE MINOR'S INTEREST.Printed as Section 1352.054
- Tex. Est. Code § 1352.056USE OF PROCEEDS.Printed as Section 1352.056
- Tex. Est. Code § 1352.057ANNUAL REPORT.Printed as Sections 1352.057 and 1352.058
- Tex. Est. Code § 1352.058SWORN REPORT OF EXPENDITURES.Printed as Sections 1352.057 and 1352.058
Cited by 2 provisions
Provisions in this library whose text cites Tex. Est. Code § 1352.055. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.