Texas § ES.1160.102 - ACTION OF COURT IF PUBLIC ADVERTISING NOT REQUIRED

§ ES.1160.102. ACTION OF COURT IF PUBLIC ADVERTISING NOT REQUIRED

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. SUBCHAPTER D. POOLING OR UNITIZATION OF ROYALTIES OR MINERALS