Tex. Bus. & Com. Code § 9.311 · Subchapter C. PERFECTION AND PRIORITY
PERFECTION OF SECURITY INTERESTS IN PROPERTY SUBJECT TO CERTAIN STATUTES, REGULATIONS, AND TREATIES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as otherwise provided in Subsection (d), the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:
(1) a statute, regulation, or treaty of the United States whose requirements for a security interest's obtaining priority over the rights of a lien creditor with respect to the property preempt Section 9.310(a);
(2) the following statutes of this state: a certificate of title statute of this state or rules adopted under the statute to the extent the statute or rules provide for a security interest to be indicated on the certificate of title as a condition or result of perfection or such alternative to notation as may be prescribed by those statutes or rules of this state; or Chapter 261, relating to utility security instruments; or
(3) a statute of another jurisdiction that provides for a security interest to be indicated on a certificate of title as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the property.
(b) Compliance with the requirements of a statute, regulation, or treaty described in Subsection (a) for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this Chapter. Except as otherwise provided in Subsection (d) and Sections 9.313 and 9.316(d) and (e) for goods covered by a certificate of title, a security interest in property subject to a statute, regulation, or treaty described in Subsection (a) may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral.
(c) Except as otherwise provided in Subsection (d) and Sections 9.316(d) and (e), duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation, or treaty described in Subsection (a) are governed by the statute, regulation, or treaty. In other respects, the security interest is subject to this Chapter.
(d) During any period in which collateral subject to a statute specified in Subsection (a)(2) is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind, this section does not apply to a security interest in that collateral created by that person.
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. 4, eff. June 13, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.754, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.05, eff. April 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 67 (S.B. 782), Sec. 4, 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 acb5e7c959328f3b1190a1067e6868494390a102e9c755a789cde96053bf3c5c
- 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 § 9.310WHEN FILING REQUIRED TO PERFECT SECURITY INTEREST OR AGRICULTURAL LIEN; SECURITY INTERESTS AND AGRICULTURAL LIENS TO WHICH FILING PROVISIONS DO NOT APPLY.Printed as Section 9.310(a)
- Tex. Bus. & Com. Code § 9.313WHEN POSSESSION BY OR DELIVERY TO SECURED PARTY PERFECTS SECURITY INTEREST WITHOUT FILING.Printed as Sections 9.313 and 9.316(d)
- Tex. Bus. & Com. Code § 9.316EFFECT OF CHANGE IN GOVERNING LAW.Printed as Sections 9.313 and 9.316(d) | Sections 9.316(d)
- Tex. Bus. & Com. Code ch. 261UTILITY SECURITY INSTRUMENTSPrinted as Chapter 261
Cited by 9 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 9.311. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 9.309SECURITY INTEREST PERFECTED UPON ATTACHMENT.Printed as Section 9.311(a) | Section 9.311(b)
- Tex. Bus. & Com. Code § 9.310WHEN FILING REQUIRED TO PERFECT SECURITY INTEREST OR AGRICULTURAL LIEN; SECURITY INTERESTS AND AGRICULTURAL LIENS TO WHICH FILING PROVISIONS DO NOT APPLY.Printed as Section 9.311(a)
- Tex. Bus. & Com. Code § 9.316EFFECT OF CHANGE IN GOVERNING LAW.Printed as Section 9.311(b) or 9.313
- Tex. Bus. & Com. Code § 9.334PRIORITY OF SECURITY INTERESTS IN FIXTURES AND CROPS.Printed as Section 9.311(a)(2)
- Tex. Bus. & Com. Code § 9.335ACCESSIONS.Printed as Section 9.311(b)
- Tex. Bus. & Com. Code § 9.337PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY CERTIFICATE OF TITLE.Printed as Section 9.311(b)
- Tex. Bus. & Com. Code § 9.505FILING AND COMPLIANCE WITH OTHER STATUTES AND TREATIES FOR CONSIGNMENTS, LEASES, OTHER BAILMENTS, AND OTHER TRANSACTIONS.Printed as Section 9.311(a) | Section 9.311(b)
- Tex. Bus. & Com. Code § 9.611NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.Printed as Section 9.311(a)
- Tex. Bus. & Com. Code § 9.621NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL.Printed as Section 9.311(a)
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