Tex. Bus. & Com. Code § 2A.304 · Subchapter C. EFFECT OF LEASE CONTRACT
SUBSEQUENT LEASE OF GOODS BY LESSOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Subject to Section 2A.303 of this chapter, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as provided by Subsection (b) or Section 2A.527(d) takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. If goods have been delivered under a transaction of purchase, the lessor has that power even though:
(1) the lessor's transferor was deceived as to the identity of the lessor;
(2) the delivery was in exchange for a check which is later dishonored;
(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) A subsequent lessee in the ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against that lessor obtains, to the extent of the leasehold interest transferred, all of that lessor's and the existing lessee's rights to the goods, and takes free of the existing lease contract.
(c) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute.
Notes and commentary — not statutory text
History
Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, 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.2A.htm
- Text hash
- sha256 0684428baa50b634d9b0a84f2ecde7db1ee9f133157b6903d012a4df16f5ad0a
- 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 § 2A.304. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 2A.104LEASES SUBJECT TO OTHER LAWS.Printed as Sections 2A.105, 2A.304(c) and 2A.305(c)
- Tex. Bus. & Com. Code § 2A.105TERRITORIAL APPLICATION OF CHAPTER TO GOODS COVERED BY CERTIFICATE OF TITLE.Printed as Sections 2A.304(c) and 2A.305(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
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.