Tex. Bus. & Com. Code § 2.403 · Subchapter D. TITLE, CREDITORS AND GOOD FAITH PURCHASERS
POWER TO TRANSFER; GOOD FAITH PURCHASE OF GOODS; "ENTRUSTING".
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though
(1) the transferor was deceived as to the identity of the purchaser, or
(2) the delivery was in exchange for a check which is later dishonored, or
(3) it was agreed that the transaction was to be a "cash sale", or
(4) the delivery was procured through fraud punishable as larcenous under the criminal law.
(b) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in ordinary course of business.
(c) "Entrusting" includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be larcenous under the criminal law.
(d) The rights of other purchasers of goods and of lien creditors are governed by the chapters on Secured Transactions (Chapter 9) and Documents of Title (Chapter 7).
Notes and commentary — not statutory text
History
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967. Amended by Acts 1993, 73rd Leg., ch. 570, Sec. 3, eff. Sept. 1, 1993.
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 4e10d95eb7c1ba22919b46e86b69d60ec2934cfc2644a6a72b5d0929079489e9
- 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.
Cited by 7 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 2.403. 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 2.403
- Tex. Bus. & Com. Code § 2.702SELLER'S REMEDIES ON DISCOVERY OF BUYER'S INSOLVENCY.Printed as Section 2.403
- Tex. Bus. & Com. Code § 2A.103DEFINITIONS AND INDEX OF DEFINITIONS.Printed as Section 2.403(c)
- Tex. Bus. & Com. Code § 7.209LIEN OF WAREHOUSE.Printed as Section 2.403, 2A.304(a)(2), 2A.305(a)(2), or 9.320
- Tex. Bus. & Com. Code § 7.503DOCUMENT OF TITLE TO GOODS DEFEATED IN CERTAIN CASES.Printed as Section 2.403, 2A.304(a)(2), 2A.305(a)(2), or 9.320
- Tex. Bus. & Com. Code § 9.315SECURED PARTY'S RIGHTS ON DISPOSITION OF COLLATERAL AND IN PROCEEDS.Printed as Section 2.403(b)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.