Tex. Bus. & Com. Code § 9.104 · Subchapter A. SHORT TITLE, DEFINITIONS, AND GENERAL CONCEPTS
CONTROL OF DEPOSIT ACCOUNT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A secured party has control of a deposit account if:
(1) the secured party is the bank with which the deposit account is maintained;
(2) the debtor, secured party, and bank have agreed in an authenticated record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor; or
(3) the secured party becomes the bank's customer with respect to the deposit account.
(b) A secured party that has satisfied Subsection (a) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.
Notes and commentary — not statutory text
History
Amended by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001; Acts 2001, 77th Leg., ch. 705, Sec. 2, eff. June 13, 2001.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.9.htm
- Text hash
- sha256 ca6dfd08f29eb49562ccc75871ed2869729a4a047578dc2538c24479e84470eb
- 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
Cited by 9 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 9.104. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 9.203ATTACHMENT AND ENFORCEABILITY OF SECURITY INTEREST; PROCEEDS; SUPPORTING OBLIGATIONS; FORMAL REQUISITES.Printed as Section 7.106, 9.104, 9.105, 9.106, or 9.107
- Tex. Bus. & Com. Code § 9.207RIGHTS AND DUTIES OF SECURED PARTY HAVING POSSESSION OR CONTROL OF COLLATERAL.Printed as Section 7.106, 9.104, 9.105, 9.106, or 9.107
- Tex. Bus. & Com. Code § 9.208ADDITIONAL DUTIES OF SECURED PARTY HAVING CONTROL OF COLLATERAL.Printed as Section 9.104(a)(2) | Section 9.104(a)(3)
- Tex. Bus. & Com. Code § 9.314PERFECTION BY CONTROL.Printed as Section 7.106, 9.104, 9.105, 9.106, 9.107, or 9.1071 | Section 7.106, 9.104, 9.105, 9.107, or 9.1071
- Tex. Bus. & Com. Code § 9.327PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNT.Printed as Section 9.104 | Section 9.104(a)(3)
- Tex. Bus. & Com. Code § 9.340EFFECTIVENESS OF RIGHT OF RECOUPMENT OR SET-OFF AGAINST DEPOSIT ACCOUNT.Printed as Section 9.104(a)(3)
- Tex. Bus. & Com. Code § 9.342BANK'S RIGHT TO REFUSE TO ENTER INTO OR DISCLOSE EXISTENCE OF CONTROL AGREEMENT.Printed as Section 9.104(a)(2)
- Tex. Bus. & Com. Code § 9.601RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT; CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT INTANGIBLES, OR PROMISSORY NOTES.Printed as Section 7.106, 9.104, 9.105, 9.106, or 9.107
- Tex. Bus. & Com. Code § 9.607COLLECTION AND ENFORCEMENT BY SECURED PARTY.Printed as Section 9.104(a)(1) | Section 9.104(a)(2)
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.