Tex. Bus. & Com. Code § 9.322 · Subchapter C. PERFECTION AND PRIORITY
PRIORITIES AMONG CONFLICTING SECURITY INTERESTS IN AND AGRICULTURAL LIENS ON SAME COLLATERAL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as otherwise provided in this section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the following rules:
(1) Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or agricultural lien is first perfected, if there is no period thereafter when there is neither filing nor perfection.
(2) A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien.
(3) The first security interest or agricultural lien to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected.
(b) For the purposes of Subsection (a)(1):
(1) the time of filing or perfection as to a security interest in collateral is also the time of filing or perfection as to a security interest in proceeds; and
(2) the time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation.
(c) Except as otherwise provided in Subsection (f), a security interest in collateral that qualifies for priority over a conflicting security interest under Section 9.327, 9.328, 9.329, 9.330, or 9.331 also has priority over a conflicting security interest in:
(1) any supporting obligation for the collateral; and
(2) proceeds of the collateral if:
(A) the security interest in proceeds is perfected;
(B) the proceeds are cash proceeds or of the same type as the collateral; and
(C) in the case of proceeds that are proceeds of proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral.
(d) Subject to Subsection (e) and except as otherwise provided in Subsection (f), if a security interest in chattel paper, deposit accounts, negotiable documents, instruments, investment property, or letter-of-credit rights is perfected by a method other than filing, conflicting perfected security interests in proceeds of the collateral rank according to priority in time of filing.
(e) Subsection (d) applies only if the proceeds of the collateral are not cash proceeds, chattel paper, negotiable documents, instruments, investment property, or letter-of-credit rights.
(f) Subsections (a)-(e) are subject to:
(1) Subsection (g) and the other provisions of this subchapter;
(2) Section 4.210 with respect to a security interest of a collecting bank;
(3) Section 5.118 with respect to a security interest of an issuer or nominated person; and
(4) Section 9.110 with respect to a security interest arising under Chapter 2 or 2A.
(g) A perfected agricultural lien on collateral has priority over a conflicting security interest in or agricultural lien on the same collateral if the statute creating the agricultural lien so provides.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 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 b08883de0c850872a49f75e5b163163f5689e70f1bffb4d3fa148f3f3babb01f
- 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 ch. 2SALESPrinted as Chapter 2
- Tex. Bus. & Com. Code § 4.210SECURITY INTEREST OF COLLECTING BANK IN ITEMS, ACCOMPANYING DOCUMENTS AND PROCEEDS.Printed as Section 4.210
- Tex. Bus. & Com. Code § 5.118SECURITY INTEREST OF ISSUER OR NOMINATED PERSON.Printed as Section 5.118
- Tex. Bus. & Com. Code § 9.110SECURITY INTERESTS ARISING UNDER CHAPTER 2 OR 2A.Printed as Section 9.110
- Tex. Bus. & Com. Code § 9.327PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNT.Printed as Section 9.327, 9.328, 9.329, 9.330, or 9.331
- Tex. Bus. & Com. Code § 9.328PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY.Printed as Section 9.327, 9.328, 9.329, 9.330, or 9.331
- Tex. Bus. & Com. Code § 9.329PRIORITY OF SECURITY INTERESTS IN LETTER-OF-CREDIT RIGHT.Printed as Section 9.327, 9.328, 9.329, 9.330, or 9.331
- Tex. Bus. & Com. Code § 9.330PRIORITY OF PURCHASER OF CHATTEL PAPER OR INSTRUMENT.Printed as Section 9.327, 9.328, 9.329, 9.330, or 9.331
- Tex. Bus. & Com. Code § 9.331PRIORITY OF RIGHTS OF PURCHASERS OF INSTRUMENTS, DOCUMENTS, SECURITIES, AND VIRTUAL CURRENCIES UNDER OTHER CHAPTERS; PRIORITY OF INTERESTS IN FINANCIAL ASSETS AND SECURITY ENTITLEMENTS UNDER CHAPTER 8 AND VIRTUAL CURRENCIES UNDER CHAPTER 12.Printed as Section 9.327, 9.328, 9.329, 9.330, or 9.331
Cited by 8 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 9.322. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 9.109SCOPE.Printed as Sections 9.315 and 9.322
- Tex. Bus. & Com. Code § 9.317INTERESTS THAT TAKE PRIORITY OVER OR TAKE FREE OF SECURITY INTEREST OR AGRICULTURAL LIEN.Printed as Section 9.322
- Tex. Bus. & Com. Code § 9.323FUTURE ADVANCES.Printed as Section 9.322(a)(1)
- Tex. Bus. & Com. Code § 9.324PRIORITY OF PURCHASE-MONEY SECURITY INTERESTS.Printed as Section 9.322(a)
- Tex. Bus. & Com. Code § 9.325PRIORITY OF SECURITY INTERESTS IN TRANSFERRED COLLATERAL.Printed as Section 9.322(a) or 9.324
- Tex. Bus. & Com. Code § 9.328PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY.Printed as Sections 9.322 and 9.323
- Tex. Bus. & Com. Code § 9.330PRIORITY OF PURCHASER OF CHATTEL PAPER OR INSTRUMENT.Printed as Section 9.322
- Tex. Bus. & Com. Code § 9.709PRIORITY.Printed as Section 9.322(a)
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