§ 358.155 — ACTION OF COURT AND CONTENTS OF ORDER.

Texas § 358.155

• Jurisdiction: Texas
• Code ES: Estates Code

Text

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.
SUBCHAPTER E. SPECIAL ANCILLARY INSTRUMENTS THAT MAY BE EXECUTED WITHOUT COURT ORDER

Legislative History

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014.