Tex. Bus. & Com. Code § 12.003 · Chapter 12. VIRTUAL CURRENCY
RIGHTS IN VIRTUAL CURRENCY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section:
(1) "Adverse claim" means a claim that a claimant has a property interest in a virtual currency and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the virtual currency.
(2) "Qualifying purchaser" means a purchaser that obtains control of a virtual currency for value and without notice of any adverse claim.
(b) Subject to Subsections (c) through (h), law other than this chapter determines whether a person acquires rights in a virtual currency and the rights that the person acquires.
(c) A purchaser of a virtual currency acquires all rights in the virtual currency that the transferor had or had power to transfer.
(d) A purchaser of a limited interest in a virtual currency acquires rights only to the extent of the interest purchased.
(e) In addition to acquiring the rights of a purchaser, a qualifying purchaser acquires the purchaser's rights in a virtual currency free of any adverse claim.
(f) An action based on an adverse claim to a virtual currency, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a qualifying purchaser that acquires the purchaser's interest in, and obtains control of, the virtual currency for value and without notice of the adverse claim.
(g) A person has notice of an adverse claim if:
(1) the person knows of the adverse claim; or
(2) the person is aware of facts sufficient to indicate that there is a significant probability that the adverse claim exists and deliberately avoids information that would establish the existence of the adverse claim.
(h) Filing of a financing statement under Chapter 9 is not notice of an adverse claim to a virtual currency.
Notes and commentary — not statutory text
History
Added by Acts 2021, 87th Leg., R.S., Ch. 739 (H.B. 4474), Sec. 9, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.12.htm
- Text hash
- sha256 2beaba014ac2ad4813a522cb12875e7caf862b4e46f4bde3ba574553eca284b4
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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Business & Commerce Code
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