Tex. Bus. & Com. Code § 3.115 · Subchapter A. GENERAL PROVISIONS AND DEFINITIONS
INCOMPLETE INSTRUMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) "Incomplete instrument" means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete but that the signer intended it to be completed by the addition of words or numbers.
(b) Subject to Subsection (c), if an incomplete instrument is an instrument under Section 3.104, it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under Section 3.104, but, after completion, the requirements of Section 3.104 are met, the instrument may be enforced according to its terms as augmented by completion.
(c) If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under Section 3.407.
(d) The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority.
Notes and commentary — not statutory text
History
Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.3.htm
- Text hash
- sha256 2290a0e6ad66b32b18cc58654b77dcfc6e9c952938ac11d731a2262ebb9b8018
- 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 6 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 3.115. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 3.103DEFINITIONS.Printed as Section 3.115
- Tex. Bus. & Com. Code § 3.412OBLIGATION OF ISSUER OF NOTE OR CASHIER'S CHECK.Printed as Sections 3.115 and 3.407
- Tex. Bus. & Com. Code § 3.413OBLIGATION OF ACCEPTOR.Printed as Sections 3.115 and 3.407
- Tex. Bus. & Com. Code § 3.414OBLIGATION OF DRAWER.Printed as Sections 3.115 and 3.407
- Tex. Bus. & Com. Code § 3.415OBLIGATION OF INDORSER.Printed as Sections 3.115 and 3.407
- Tex. Bus. & Com. Code § 4.207TRANSFER WARRANTIES.Printed as Sections 3.115 and 3.407
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.