Tex. Est. Code § 1352.104 · Subchapter C. MORTGAGE OF MINOR WARD'S INTEREST WITHOUT GUARDIANSHIP OF THE ESTATE
HEARING; REQUIREMENTS TO MORTGAGE MINOR WARD'S INTEREST.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) On receipt of an application under this subchapter, the court shall set the application for hearing on a date not earlier than the fifth day after the date the application is filed.
(b) The court may cause citation to be issued if the court considers citation necessary.
(c) The procedures and evidentiary requirements for a hearing of an application filed under this subchapter are the same as the procedures and evidentiary requirements for a hearing of an application filed under Subchapter B.
(d) At the time of the hearing, the court, on approval of the surety bond required by Section 1352.105, shall authorize the guardian to receive the extension of credit sought in the application if the court is satisfied from a preponderance of the evidence that the encumbrance is:
(1) for a purpose described by Section 1352.106(1) or (2); and
(2) in the minor ward's best interests.
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 b1b72df78311b6d5c8b2b9e9a3dfb4f2131d71105c383da6fb52229dc82519b1
- 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
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