Tex. Bus. & Com. Code § 2.104 · Subchapter A. SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER
DEFINITIONS: "MERCHANT"; "BETWEEN MERCHANTS"; "FINANCING AGENCY".
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.
(b) "Financing agency" means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. "Financing agency" includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (Section 2.707).
(c) "Between merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.
Notes and commentary — not statutory text
History
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Amended by:
Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 4, eff. September 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.2.htm
- Text hash
- sha256 ba86418c76a63df518b344ed28f5ce14db9dc4d59995f855e730e575ba50be32
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business & Commerce Code
Cited by 4 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 2.104. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 2.103DEFINITIONS AND INDEX OF DEFINITIONS.Printed as Section 2.104
- Tex. Bus. & Com. Code § 2A.103DEFINITIONS AND INDEX OF DEFINITIONS.Printed as Section 2.104(a) | Section 2.104(c)
- Tex. Bus. & Com. Code § 9.102DEFINITIONS AND INDEX OF DEFINITIONS.Printed as Section 2.104
- Tex. Bus. & Com. Code § 607A.001DEFINITIONS.Printed as Section 2.104
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