Tex. Bus. & Com. Code § 9.601 · Subchapter F. DEFAULT
RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT; CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT INTANGIBLES, OR PROMISSORY NOTES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) After default, a secured party has the rights provided in this subchapter and, except as otherwise provided in Section 9.602, those provided by agreement of the parties. A secured party:
(1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and
(2) if the collateral is documents, may proceed either as to the documents or as to the goods they cover.
(b) A secured party in possession of collateral or control of collateral under Section 7.106, 9.104, 9.105, 9.106, or 9.107 has the rights and duties provided in Section 9.207.
(c) The rights under Subsections (a) and (b) are cumulative and may be exercised simultaneously.
(d) Except as otherwise provided in Subsection (g) and Section 9.605, after default, a debtor and an obligor have the rights provided in this subchapter and by agreement of the parties.
(e) If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:
(1) the date of the perfection of the security interest or agricultural lien in the collateral;
(2) the date of filing a financing statement covering the collateral; or
(3) any date specified in a statute under which the agricultural lien was created.
(f) A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this chapter.
(g) Except as otherwise provided in Section 9.607(c), this subchapter imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 30, eff. September 1, 2005.
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 8af13962e0b3616ff904a31f694d1e2a82741a421010dc21042589dc161afd7f
- 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 § 7.106CONTROL OF ELECTRONIC DOCUMENT OF TITLE.Printed as Section 7.106, 9.104, 9.105, 9.106, or 9.107
- Tex. Bus. & Com. Code § 9.104CONTROL OF DEPOSIT ACCOUNT.Printed as Section 7.106, 9.104, 9.105, 9.106, or 9.107
- Tex. Bus. & Com. Code § 9.105CONTROL OF ELECTRONIC CHATTEL PAPER.Printed as Section 7.106, 9.104, 9.105, 9.106, or 9.107
- Tex. Bus. & Com. Code § 9.106CONTROL OF INVESTMENT PROPERTY.Printed as Section 7.106, 9.104, 9.105, 9.106, or 9.107
- Tex. Bus. & Com. Code § 9.107CONTROL OF LETTER-OF-CREDIT RIGHT.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 9.207
- Tex. Bus. & Com. Code § 9.602WAIVER AND VARIANCE OF RIGHTS AND DUTIES.Printed as Section 9.602
- Tex. Bus. & Com. Code § 9.605UNKNOWN DEBTOR OR SECONDARY OBLIGOR.Printed as Section 9.605
- Tex. Bus. & Com. Code § 9.607COLLECTION AND ENFORCEMENT BY SECURED PARTY.Printed as Section 9.607(c)
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.