Tex. Bus. & Com. Code § 9.105 · Subchapter A. SHORT TITLE, DEFINITIONS, AND GENERAL CONCEPTS
CONTROL OF ELECTRONIC CHATTEL PAPER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A secured party has control of electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned.
(b) A system satisfies Subsection (a), and a secured party has control of electronic chattel paper, if the record or records comprising the chattel paper are created, stored, and assigned in such a manner that:
(1) a single authoritative copy of the record or records exists that is unique, identifiable, and, except as otherwise provided in Subdivisions (4), (5), and (6), unalterable;
(2) the authoritative copy identifies the secured party as the assignee of the record or records;
(3) the authoritative copy is communicated to and maintained by the secured party or its designated custodian;
(4) copies or amendments that add or change an identified assignee of the authoritative copy can be made only with the consent of the secured party;
(5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and
(6) any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.
Notes and commentary — not statutory text
History
Amended by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 67 (S.B. 782), Sec. 2, eff. July 1, 2013.
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 832b5c71d876cf8b33b55fc1c529318a71c79e427623aa7990a1d576f00d27df
- 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 6 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 9.105. 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 9.105
- 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 § 9.330PRIORITY OF PURCHASER OF CHATTEL PAPER OR INSTRUMENT.Printed as Section 9.105
- 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
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.