Sec. 1352.105. SURETY BOND; DISCHARGE OF SURETIES. (a) Before a hearing under Section 1352.104 is held, the guardian of the person shall file a surety bond with the county clerk to the same extent and in the same manner as a parent or managing conservator of a minor is required to file a surety bond under Section 1352.055.
(b) The court may not discharge the guardian's sureties from all further liability under a bond required by this section or another provision of this title until the court:
(1) finds that the guardian used loan proceeds resulting from the minor ward's interest solely for the purposes authorized by Section 1352.106; and
(2) is presented with satisfactory evidence that the home equity loan has been repaid and is no longer considered an outstanding obligation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle I - Other Special Proceedings and Substitutes for Guardianship
Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead
Subchapter C. Mortgage of Minor Ward's Interest Without Guardianship of the Estate
Section 1352.101. Applicability of Subchapter
Section 1352.102. Authority to Mortgage Minor Ward's Interest Without Guardianship of the Estate
Section 1352.103. Application; Venue
Section 1352.104. Hearing; Requirements to Mortgage Minor Ward's Interest
Section 1352.105. Surety Bond; Discharge of Sureties
Section 1352.106. Use of Proceeds
Section 1352.107. Annual Accounting
Section 1352.108. Disaffirmation of Home Equity Loan Prohibited