Tex. Bus. & Com. Code § 2A.305 · Subchapter C. EFFECT OF LEASE CONTRACT
SALE OR SUBLEASE OF GOODS BY LESSEE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Subject to the provisions of Section 2A.303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer, and except as provided by Subsection (b) and Section 2A.511, takes subject to the existing lease contract. A lessee with a voidable leasehold interest has power to transfer a good leasehold interest to a good faith buyer for value or a good faith sublessee for value, but only to the extent set forth in the preceding sentence. When goods have been delivered under a transaction of lease the lessee has that power even though:
(1) the lessor was deceived as to the identity of the lessee;
(2) the delivery was in exchange for a check which is later dishonored; or
(3) the delivery was procured through fraud punishable as larcenous under the criminal law.
(b) A buyer in the ordinary course of business or a sublessee in the ordinary course of business from a lessee who is a merchant dealing in goods of that kind to whom the goods were entrusted by the lessor obtains, to the extent of the interest transferred, all of the lessor's and lessee's rights to the goods, and takes free of the existing lease contract.
(c) A buyer or sublessee from the lessee 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 c62af956f970fc176a1ff39263d49d899b4bdf2fe16682c298c0b73397aaa807
- 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
- Tex. Bus. & Com. Code § 2A.303ALIENABILITY OF PARTY'S INTEREST UNDER LEASE CONTRACT OR OF LESSOR'S RESIDUAL INTEREST IN GOODS; DELEGATION OF PERFORMANCE; TRANSFER OF RIGHTS.Printed as Section 2A.303
- Tex. Bus. & Com. Code § 2A.511MERCHANT LESSEE'S DUTIES AS TO RIGHTFULLY REJECTED GOODS.Printed as Section 2A.511
Cited by 4 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 2A.305. 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.