Tex. Bus. & Com. Code § 9.602 · Subchapter F. DEFAULT
WAIVER AND VARIANCE OF RIGHTS AND DUTIES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
Except as otherwise provided in Section 9.624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:
(1) Section 9.207(b)(4)(C), which deals with use and operation of the collateral by the secured party;
(2) Section 9.210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
(3) Section 9.607(c), which deals with collection and enforcement of collateral;
(4) Sections 9.608(a) and 9.615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
(5) Sections 9.608(a) and 9.615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;
(6) Section 9.609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;
(7) Sections 9.610(b), 9.611, 9.613, and 9.614, which deal with disposition of collateral;
(8) Section 9.615(f), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;
(9) Section 9.616, which deals with explanation of the calculation of a surplus or deficiency;
(10) Sections 9.620, 9.621, and 9.622, which deal with acceptance of collateral in satisfaction of obligation;
(11) Section 9.623, which deals with redemption of collateral;
(12) Section 9.624, which deals with permissible waivers; and
(13) Sections 9.625 and 9.626, which deal with the secured party's liability for failure to comply with this chapter.
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 a96ea50577d85200e033bc8580984b347a1f20cc2855bc6e1b39f104ba5ad3d0
- 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 § 9.207RIGHTS AND DUTIES OF SECURED PARTY HAVING POSSESSION OR CONTROL OF COLLATERAL.Printed as Section 9.207(b)(4)(C)
- Tex. Bus. & Com. Code § 9.210REQUEST FOR ACCOUNTING; REQUEST REGARDING LIST OF COLLATERAL OR STATEMENT OF ACCOUNT.Printed as Section 9.210
- Tex. Bus. & Com. Code § 9.607COLLECTION AND ENFORCEMENT BY SECURED PARTY.Printed as Section 9.607(c)
- Tex. Bus. & Com. Code § 9.608APPLICATION OF PROCEEDS OF COLLECTION OR ENFORCEMENT; LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.Printed as Sections 9.608(a) and 9.615(c) | Sections 9.608(a) and 9.615(d)
- Tex. Bus. & Com. Code § 9.609SECURED PARTY'S RIGHT TO TAKE POSSESSION AFTER DEFAULT.Printed as Section 9.609
- Tex. Bus. & Com. Code § 9.610DISPOSITION OF COLLATERAL AFTER DEFAULT.Printed as Sections 9.610(b), 9.611, 9.613, and 9.614
- Tex. Bus. & Com. Code § 9.611NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.Printed as Sections 9.610(b), 9.611, 9.613, and 9.614
- Tex. Bus. & Com. Code § 9.613CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL: GENERAL.Printed as Sections 9.610(b), 9.611, 9.613, and 9.614
- Tex. Bus. & Com. Code § 9.614CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL: CONSUMER-GOODS TRANSACTION.Printed as Sections 9.610(b), 9.611, 9.613, and 9.614
- Tex. Bus. & Com. Code § 9.615APPLICATION OF PROCEEDS OF DISPOSITION; LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.Printed as Section 9.615(f) | Sections 9.608(a) and 9.615(c) | Sections 9.608(a) and 9.615(d)
- Tex. Bus. & Com. Code § 9.616EXPLANATION OF CALCULATION OF SURPLUS OR DEFICIENCY.Printed as Section 9.616
- Tex. Bus. & Com. Code § 9.620ACCEPTANCE OF COLLATERAL IN FULL OR PARTIAL SATISFACTION OF OBLIGATION; COMPULSORY DISPOSITION OF COLLATERAL.Printed as Sections 9.620, 9.621, and 9.622
- Tex. Bus. & Com. Code § 9.621NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL.Printed as Sections 9.620, 9.621, and 9.622
- Tex. Bus. & Com. Code § 9.622EFFECT OF ACCEPTANCE OF COLLATERAL.Printed as Sections 9.620, 9.621, and 9.622
- Tex. Bus. & Com. Code § 9.623RIGHT TO REDEEM COLLATERAL.Printed as Section 9.623
- Tex. Bus. & Com. Code § 9.624WAIVER.Printed as Section 9.624
- Tex. Bus. & Com. Code § 9.625REMEDIES FOR SECURED PARTY'S FAILURE TO COMPLY WITH CHAPTER.Printed as Sections 9.625 and 9.626
- Tex. Bus. & Com. Code § 9.626ACTION IN WHICH DEFICIENCY OR SURPLUS IS IN ISSUE.Printed as Sections 9.625 and 9.626
Cited by 2 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 9.602. Each shows the citation as that text prints it.
Business & Commerce Code
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