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.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle H - Continuation of Administration
Chapter 358 - Matters Relating to Mineral Properties
Subchapter D. Pooling or Unitization of Royalties or Minerals
Section 358.151. Authorization for Pooling or Unitization
Section 358.152. Pooling or Unitization Application
Section 358.153. Notice Not Required