79th Texas Legislature, Regular Session, House Bill 637, Chapter 1204 Page: 3 of 8
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H.B. No. 637
1 (c) The parent or managing conservator shall apply to the
2 court under oath for the authority to encumber the residence
3 homestead as provided by this section. Venue for the application is
4 the same as venue for an application for the appointment of a
5 guardian for a minor. The application must contain:
6 (1) the name and address of the minor;
7 (2) a legal description of the property constituting
8 the homestead;
9 (3) a description of the minor's ownership interest in
10 the property constituting the homestead;
11 (4) the name of the minor and the fair market value of
12 the property constituting the homestead;
13 (5) the amount of the home equity loan;
14 (6) the purpose or purposes for which the home equity
15 loan is being sought;
16 (7) a detailed description of the proposed expenditure
17 of the loan proceeds to be received by the parent or managing
18 conservator on the minor's behalf; and
19 (8) a statement that all loan proceeds received by the
20 parent or managing conservator on the minor's behalf through a home
21 equity loan authorized under this section shall be used in a manner
22 that is for the minor's benefit.
23 (d) On receipt of the application, the court shall set the
24 application for hearing at a date not earlier than the fifth day
25 after the date the application is filed. If the court considers it
26 necessary, the court may cause citation to be issued.
27 (e) Before the hearing, the parent or managing conservator
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Texas. Legislature. House of Representatives. 79th Texas Legislature, Regular Session, House Bill 637, Chapter 1204, legislative document, June 18, 2005; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth157127/m1/3/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.