reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 6 - Sale or Transfer of Goods › Chapter 204 - Sale of Returnable Container › Section 204.002. Requirements Applicable to Sale of Returnable Container

Sec. 204.002.  REQUIREMENTS APPLICABLE TO SALE OF RETURNABLE CONTAINER.  (a)  A person who is in the business of recycling, shredding, or destroying returnable containers, before purchasing five or more returnable containers from the same person, shall:
(1)  obtain from that person:
(A)  proof of ownership for the containers; and
(B)  a record that contains:
(i)  the name, address, and telephone number of the person or the person's authorized representative;
(ii)  the name and address of the buyer of the containers or any consignee of the containers;
(iii)  a description of the containers, including the number of the containers to be sold; and
(iv)  the date of the transaction; and
(2)  verify:
(A)  the identity of the individual selling the containers or representing the seller from a driver's license or other government-issued identification card that includes the individual's photograph, and record the verification; or
(B)  in a manner determined by the purchaser that the individual is acting on behalf of a corporation, business, government, or governmental subdivision or agency.
(b)  A person shall retain a record obtained or made under this chapter until the first anniversary of the later of the date the containers are purchased or delivered.
(c)  A person who is in the business of recycling, shredding, or destroying returnable containers and who purchases a returnable container from an individual, unless the person verifies in a manner determined by the purchaser that the individual is acting on behalf of a corporation, business, government, or governmental subdivision or agency:
(1)  may not pay for the purchase of any returnable container with cash; and
(2)  shall, for each transaction in which the person purchases one or more returnable containers, record the method of payment used to purchase the containers.
(d)  A record made under Subsection (c)(2) shall be attached to a record made or obtained under Subsection (a) if a record is required under that subsection.
(e)  A person who violates Subsection (a) or (b) is liable to this state for a civil penalty of $10,000 for each violation.
(f)  A person who violates Subsection (c) is liable to this state for a civil penalty in an amount not to exceed $5,000 for each violation.  Each cash transaction made in violation of Subsection (c)(1) is a separate violation for purposes of imposing a penalty under this subsection.  In determining the amount of the civil penalty imposed under this subsection, the court shall consider the amount necessary to deter future violations.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.005(a), eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 584 (S.B. 875), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 927 (H.B. 4584), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 927 (H.B. 4584), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 6 - Sale or Transfer of Goods › Chapter 204 - Sale of Returnable Container › Section 204.003. Use of Artifice to Avoid Applicability of Chapter Prohibited

Sec. 204.003.  USE OF ARTIFICE TO AVOID APPLICABILITY OF CHAPTER PROHIBITED.  (a)  A person who is in the business of recycling, shredding, or destroying returnable containers may not use an artifice to avoid the application of Section 204.002, including documenting purchases from the same person on the same day as multiple transactions.
(b)  A person who violates this section is liable to this state for a civil penalty of $30,000 for each violation.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.005(a), eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 927 (H.B. 4584), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 6 - Sale or Transfer of Goods › Chapter 204 - Sale of Returnable Container › Section 204.004. Investigative and Enforcement Authority

Sec. 204.004.  INVESTIGATIVE AND ENFORCEMENT AUTHORITY.  (a)  The attorney general or appropriate prosecuting attorney may:
(1)  inspect a record retained by a person under Section 204.002;
(2)  investigate an alleged violation of this chapter; and
(3)  sue to collect a civil penalty under this chapter.
(b)  The attorney general or appropriate prosecuting attorney may recover reasonable expenses, including court costs, attorney's fees, investigative costs, witness fees, and deposition expenses, incurred in recovering a civil penalty under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.005(a), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 430 (H.B. 2128), Sec. 2, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 584 (S.B. 875), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 6 - Sale or Transfer of Goods › Chapter 204 - Sale of Returnable Container › Section 204.005. Criminal Penalty

Sec. 204.005.  CRIMINAL PENALTY.  (a)  A person who is in the business of recycling, shredding, or destroying returnable containers who violates this chapter commits an offense.
(b)  Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor punishable by:
(1)  a fine not to exceed $350, if the total purchase price of the returnable containers to which the offense relates is less than $1,000; or
(2)  a fine not to exceed $700, if the total purchase price of the returnable containers to which the offense relates is $1,000 or more.
(c)  If it is shown on the trial of an offense under this section that the defendant has been previously convicted of an offense under this section based on the same type of violation, the offense is punishable by a fine not to exceed twice the maximum amount of the fine prescribed for a first offense under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.005(a), eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 912 (H.B. 2127), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 927 (H.B. 4584), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 251 - Warehouse Receipts › Section 251.001. Definitions

Sec. 251.001.  DEFINITIONS.  In this chapter:
(1)  "Goods" means all things treated as movable for purposes of a contract of storage or transportation.
(2)  "Issue" includes aiding in the issuance of a warehouse receipt.
(3)  "Warehouse receipt" means a receipt issued by a warehouseman.
(4)  "Warehouseman" means a person engaged in the business of storing goods for hire.  The term includes an officer, agent, or employee of a warehouseman.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 251 - Warehouse Receipts › Section 251.002. Warehouseman Issuing Fraudulent Warehouse Receipt

Sec. 251.002.  WAREHOUSEMAN ISSUING FRAUDULENT WAREHOUSE RECEIPT.  (a)  A warehouseman may not, with intent to defraud, issue a warehouse receipt that contains a false statement.
(b)  A warehouseman who violates this section commits an offense.  An offense under this section is a misdemeanor punishable by:
(1)  confinement in the county jail for a term of not more than one year;
(2)  a fine not to exceed $1,000; or
(3)  both the fine and confinement.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 251 - Warehouse Receipts › Section 251.003. Warehouseman Failing to State Warehouseman's Ownership of Goods on Receipt

Sec. 251.003.  WAREHOUSEMAN FAILING TO STATE WAREHOUSEMAN'S OWNERSHIP OF GOODS ON RECEIPT.  (a)  A warehouseman may not knowingly issue a negotiable warehouse receipt describing goods the warehouseman owns, whether solely, jointly, or in common, and is storing, unless the warehouseman states the warehouseman's ownership of the goods on the receipt.
(b)  A warehouseman who violates this section commits an offense.  An offense under this section is a misdemeanor punishable by:
(1)  confinement in the county jail for a term of not more than one year; or
(2)  a fine not to exceed $1,000.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 251 - Warehouse Receipts › Section 251.004. Warehouseman Issuing Warehouse Receipt Without Control of Goods

Sec. 251.004.  WAREHOUSEMAN ISSUING WAREHOUSE RECEIPT WITHOUT CONTROL OF GOODS.  (a)  A warehouseman may not issue a warehouse receipt for goods if the warehouseman knows at the time of issuance that the goods described in the receipt are not under the warehouseman's control.
(b)  A warehouseman who violates this section commits an offense.  An offense under this section is a felony punishable by:
(1)  imprisonment in the Texas Department of Criminal Justice for a term of not more than five years;
(2)  a fine not to exceed $5,000; or
(3)  both the fine and imprisonment.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 251 - Warehouse Receipts › Section 251.005. Warehouseman Issuing Duplicate or Additional Warehouse Receipt

Sec. 251.005.  WAREHOUSEMAN ISSUING DUPLICATE OR ADDITIONAL WAREHOUSE RECEIPT.  (a)  A warehouseman may not issue a duplicate or additional negotiable warehouse receipt for goods if the warehouseman knows at the time of issuance that a previously issued negotiable warehouse receipt describing the goods is outstanding and uncanceled.
(b)  This section does not apply if:
(1)  the word "duplicate" is plainly placed on the duplicate or additional negotiable warehouse receipt; or
(2)  goods described in the outstanding and uncanceled negotiable warehouse receipt were delivered under a court order on proof that the receipt was lost or destroyed.
(c)  A warehouseman who violates this section commits an offense.  An offense under this section is a felony punishable by:
(1)  imprisonment in the Texas Department of Criminal Justice for a term of not more than five years;
(2)  a fine not to exceed $5,000; or
(3)  both the fine and imprisonment.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 251 - Warehouse Receipts › Section 251.006. Warehouseman Wrongfully Delivering Goods

Sec. 251.006.  WAREHOUSEMAN WRONGFULLY DELIVERING GOODS.  (a)  A warehouseman may not knowingly deliver goods that are described in a negotiable warehouse receipt and stored with the warehouseman, unless the receipt is surrendered to the warehouseman at or before the time the warehouseman delivers the goods.
(b)  This section does not apply if the goods are:
(1)  delivered under a court order on proof that the negotiable warehouse receipt describing the goods was lost or destroyed;
(2)  lawfully sold to satisfy a warehouseman's lien; or
(3)  disposed of because of the perishable or hazardous nature of the goods.
(c)  A warehouseman who violates this section commits an offense.  An offense under this section is a misdemeanor punishable by:
(1)  confinement in the county jail for a term of not more than one year;
(2)  a fine not to exceed $1,000; or
(3)  both the fine and confinement.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 251 - Warehouse Receipts › Section 251.007. Failure to Disclose Lack of Ownership of Goods

Sec. 251.007.  FAILURE TO DISCLOSE LACK OF OWNERSHIP OF GOODS.  (a)  A person who obtains a negotiable warehouse receipt describing goods the person does not own may not, with intent to defraud, negotiate the receipt for value without disclosing the person's lack of ownership.
(b)  A person who violates this section commits an offense.  An offense under this section is a misdemeanor punishable by:
(1)  confinement in the county jail for a term of not more than one year;
(2)  a fine not to exceed $1,000; or
(3)  both the fine and confinement.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 251 - Warehouse Receipts › Section 251.008. Failure to Disclose Existence of Lien on Goods

Sec. 251.008.  FAILURE TO DISCLOSE EXISTENCE OF LIEN ON GOODS.  (a)  A person who obtains a negotiable warehouse receipt describing goods subject to a lien may not, with intent to defraud, negotiate the receipt for value without disclosing the lien's existence.
(b)  A person who violates this section commits an offense.  An offense under this section is a misdemeanor punishable by:
(1)  confinement in the county jail for a term of not more than one year;
(2)  a fine not to exceed $1,000; or
(3)  both the fine and confinement.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 252 - Bills of Lading › Section 252.001. Definitions

Sec. 252.001.  DEFINITIONS.  In this chapter:
(1)  "Agent" includes an officer, employee, or receiver.
(2)  "Bill of lading" means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods.  The term includes an air consignment note, air waybill, or other document for air transportation comparable to a bill of lading for marine or rail transportation.
(3)  "Goods" means all things treated as movable for purposes of a contract of storage or transportation.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 252 - Bills of Lading › Section 252.002. Duties of Railroad Commission

Sec. 252.002.  DUTIES OF RAILROAD COMMISSION.  (a)  In this section, "common carrier" does not include a pipeline company or express company.
(b)  The Railroad Commission of Texas shall:
(1)  prescribe forms, terms, and conditions for authenticating, certifying, or validating bills of lading issued by a common carrier;
(2)  regulate the manner by which a common carrier issues bills of lading; and
(3)  take other action necessary to carry out the purposes of Chapter 7.
(c)  After giving reasonable notice to interested common carriers and to the public, the railroad commission may amend a rule adopted under Subsection (b).
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 252 - Bills of Lading › Section 252.003. Agent Wrongfully Failing or Refusing to Issue Bill of Lading

Sec. 252.003.  AGENT WRONGFULLY FAILING OR REFUSING TO ISSUE BILL OF LADING.  (a)  In this section, "common carrier" does not include a pipeline company or express company.
(b)  An agent of a common carrier may not after lawful demand fail or refuse to issue a bill of lading in accordance with Chapter 7 or a rule of the railroad commission.
(c)  An agent who violates this section commits an offense.  An offense under this section is a misdemeanor punishable by:
(1)  confinement in the county jail for a term of not more than six months;
(2)  a fine not to exceed $200; or
(3)  both the fine and confinement.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 252 - Bills of Lading › Section 252.004. Agent Issuing Fraudulent Bill of Lading

Sec. 252.004.  AGENT ISSUING FRAUDULENT BILL OF LADING.  (a)  In this section, "common carrier" does not include a pipeline company or express company.
(b)  An agent of a common carrier may not with intent to defraud a person:
(1)  issue a bill of lading;
(2)  incorrectly describe goods or the quantity of goods in a bill of lading; or
(3)  issue a bill of lading without authority.
(c)  An agent who violates this section commits an offense.  An offense under this section is a felony punishable by imprisonment in the Texas Department of Criminal Justice for a term of not more than 10 years or less than two years.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 252 - Bills of Lading › Section 252.005. Agent Issuing Order Bill of Lading in Duplicate or Set of Parts

Sec. 252.005.  AGENT ISSUING ORDER BILL OF LADING IN DUPLICATE OR SET OF PARTS.  (a)  Except where customary in overseas transportation, an agent of a common carrier may not knowingly issue or aid in issuing an order bill of lading in duplicate or in a set of parts.
(b)  An agent who violates this section commits an offense.  An offense under this section is a felony punishable by:
(1)  imprisonment in the Texas Department of Criminal Justice for a term of not more than five years; and
(2)  a fine not to exceed $5,000.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 252 - Bills of Lading › Section 252.006. Fraudulently Inducing Issuance of Bill of Lading

Sec. 252.006.  FRAUDULENTLY INDUCING ISSUANCE OF BILL OF LADING.  (a)  A person may not, with intent to defraud, induce an agent of a common carrier to:
(1)  issue to the person a bill of lading; or
(2)  materially misrepresent in a bill of lading issued on behalf of the common carrier the quantity of goods described in the bill of lading.
(b)  A person who violates this section commits an offense.  An offense under this section is a felony punishable by imprisonment in the Texas Department of Criminal Justice for a term of not more than five years or less than two years.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 252 - Bills of Lading › Section 252.007. Fraudulently Negotiating or Transferring Bill of Lading

Sec. 252.007.  FRAUDULENTLY NEGOTIATING OR TRANSFERRING BILL OF LADING.  (a)  A person may not, with intent to defraud, negotiate or transfer a bill of lading that:
(1)  is issued in violation of Chapter 7; or
(2)  contains a false, material statement of fact.
(b)  A person who violates this section commits an offense.  An offense under this section is a felony punishable by imprisonment in the Texas Department of Criminal Justice for a term of not more than 10 years.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 253 - Protested Out-of-State Drafts › Section 253.001. Damages on Protested Out-of-State Drafts

Sec. 253.001.  DAMAGES ON PROTESTED OUT-OF-STATE DRAFTS.  The holder of a protested draft is entitled to damages in an amount equal to 10 percent of the amount of the draft, plus interest and the costs of suit, if:
(1)  the draft was drawn by a merchant in this state on the merchant's agent or factor outside this state; and
(2)  the drawer's or indorser's liability on the draft has been fixed.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 254 - Note or Lien Identifying a Patent Right › Section 254.001. Identification of Patent Right

Sec. 254.001.  IDENTIFICATION OF PATENT RIGHT.  (a)  A note or lien evidencing or securing the purchase price for a patent right or patent right territory must contain on the face of the note or lien a statement that the note or lien was given for a patent right or patent right territory.
(b)  The statement required by Subsection (a):
(1)  is notice to a subsequent purchaser of the note or lien of all equities between the original parties to the note or lien;  and
(2)  subjects a subsequent holder of the note or lien to all defenses available against the original parties to the note or lien.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 7 - Receipts, Documents of Title, and Other Instruments › Chapter 254 - Note or Lien Identifying a Patent Right › Section 254.002. Failure to Identify Patent Right; Criminal Penalty

Sec. 254.002.  FAILURE TO IDENTIFY PATENT RIGHT; CRIMINAL PENALTY.  (a)  A person selling a patent right or patent right territory may not take a note or lien evidencing or securing the purchase price for the patent right or patent right territory without placing on the face of the note or lien the statement required by Section 254.001(a).
(b)  A person who violates this section commits an offense.  An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $200.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 8 - Security Instruments › Chapter 261 - Utility Security Instruments › Section 261.001. Definitions

Sec. 261.001.  DEFINITIONS.  (a)  In this chapter:
(1)  "Utility" means a person engaged in this state in:
(A)  generating, transmitting, or distributing and selling electric power;
(B)  transporting, distributing, and selling, through a local distribution system, natural or other gas for domestic, commercial, industrial, or other use;
(C)  owning or operating a pipeline to transmit or sell natural or other gas, natural gas liquids, crude oil, or petroleum products to another pipeline company or to a refinery, local distribution system, municipality, or industrial consumer;
(D)  providing telephone or telegraph service to others;
(E)  producing, transmitting, or distributing and selling steam or water;
(F)  operating a railroad; or
(G)  providing sewer service to others.
(2)  "Utility security instrument" means:
(A)  a mortgage, deed of trust, security agreement, or other instrument executed to secure payment of a bond, note, or other obligation of a utility; or
(B)  an instrument that supplements or amends an instrument described by Paragraph (A), including a signed copy of the instrument.
(b)  The definitions in Chapters 1 and 9 apply to this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 8 - Security Instruments › Chapter 261 - Utility Security Instruments › Section 261.002. Act Constituting Filing

Sec. 261.002.  ACT CONSTITUTING FILING.  For purposes of this chapter, a utility security instrument is filed when it is deposited for filing with the secretary of state.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 8 - Security Instruments › Chapter 261 - Utility Security Instruments › Section 261.003. Applicability of Chapter

Sec. 261.003.  APPLICABILITY OF CHAPTER.  A utility is subject to the requirements and entitled to the benefits of this chapter:
(1)  only if the utility files with the secretary of state a utility security instrument that states conspicuously on its title page:  "This Instrument Grants A Security Interest By A Utility"; and
(2)  only with respect to collateral covered by a utility security instrument filed by the utility in accordance with Subdivision (1).
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 8 - Security Instruments › Chapter 261 - Utility Security Instruments › Section 261.004. Filing Utility Security Instrument With Secretary of State: Perfection and Notice

Sec. 261.004.  FILING UTILITY SECURITY INSTRUMENT WITH SECRETARY OF STATE: PERFECTION AND NOTICE.  (a)  Subject to Subsection (b), the filing with the secretary of state of a utility security instrument executed by a utility and described by Section 261.003(1) and payment of the filing fee prescribed by Section 261.008:
(1)  constitute perfection of a security interest created by the instrument in any personal property:
(A)  in which a security interest may be perfected by filing under Chapter 9, including any goods that are or will become a fixture;
(B)  that is located in this state; and
(C)  that was owned by the utility when the instrument was executed or is to be acquired by the utility after the instrument is executed;
(2)  if the instrument is proven, acknowledged, or certified as otherwise required by law for the recording of real property mortgages, serve as notice to all persons of the existence of the instrument and the security interest granted by the instrument in any real property, or in any fixture on or to be placed on the property, that:
(A)  is located in this state; and
(B)  was owned by the utility when the instrument was executed or is to be acquired by the utility after the instrument is executed; and
(3)  result in priority of the secured party reflected on the utility security instrument and assignees under Section 261.012 over the rights of a lien creditor, as defined by Section 9.102, for so long as the lien is recorded on the utility security instrument.
(b)  For perfection or notice under Subsection (a) to be effective as to a particular item of property, the filed utility security instrument must:
(1)  identify the property by type, character, or description if the property is presently owned personal property, including a fixture, and for that purpose any description of personal property or real property is sufficient, regardless of whether specific, if it reasonably identifies what is described;
(2)  provide a description of the property if the property is presently owned real property; or
(3)  if the property is to be acquired after the instrument is executed, state conspicuously on its title page:  "This Instrument Contains After-Acquired Property Provisions."
(c)  A filing under this section satisfies any requirement of:
(1)  a filing of the utility security instrument or a financing statement in the office of a county clerk if that filing would otherwise be necessary to perfect a security interest; and
(2)  a recording of the utility security instrument in the office of a county clerk if that recording would otherwise make the instrument effective as to all creditors and subsequent purchasers for valuable consideration without notice.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 814 (S.B. 1592), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 8 - Security Instruments › Chapter 261 - Utility Security Instruments › Section 261.005. Duration of Perfection and Notice

Sec. 261.005.  DURATION OF PERFECTION AND NOTICE.  The perfection and notice provided by the filing of a utility security instrument under Section 261.004 take effect on the date of filing and remain in effect without any renewal, refiling, or continuation statement until the interest granted as security is released by the filing of a termination statement, or a release of all or a part of the property, signed by the secured party.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 8 - Security Instruments › Chapter 261 - Utility Security Instruments › Section 261.006. Priorities and Remedies Applicable to Certain Perfected Security Interests

Sec. 261.006.  PRIORITIES AND REMEDIES APPLICABLE TO CERTAIN PERFECTED SECURITY INTERESTS.  The provisions of Chapter 9 relating to priorities and remedies apply to security interests in personal property, including fixtures, perfected under Section 261.004.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 8 - Security Instruments › Chapter 261 - Utility Security Instruments › Section 261.007. Notice of Name Change, Merger, or Consolidation

Sec. 261.007.  NOTICE OF NAME CHANGE, MERGER, OR CONSOLIDATION.  (a)  A utility that changes its name or merges or consolidates after filing a utility security instrument under Section 261.004 shall promptly file with the secretary of state a written statement of the name change, merger, or consolidation.  The written statement must:
(1)  be signed by the secured party and the utility;
(2)  identify the appropriate utility security instrument by file number; and
(3)  state the name of the utility after the name change, merger, or consolidation.
(b)  Unless a written statement is filed under Subsection (a) not later than four months after the effective date of the name change, merger, or consolidations, the filing of a utility security instrument before the name change, merger, or consolidation does not constitute perfection or serve as notice under Section 261.004 of a security interest in property acquired by the utility more than four months after the name change, merger, or consolidation.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 8 - Security Instruments › Chapter 261 - Utility Security Instruments › Section 261.008. Endorsement and Filing by Secretary of State; Fees

Sec. 261.008.  ENDORSEMENT AND FILING BY SECRETARY OF STATE; FEES.  (a)  The secretary of state shall endorse on a utility security instrument and any statement of name change, merger, or consolidation filed with the secretary of state:
(1)  the day and hour of receipt; and
(2)  the assigned file number.
(b)  In the absence of other evidence, an endorsement under Subsection (a) is conclusive proof of the time and fact of filing.
(c)  The secretary of state shall file in adequate filing devices and retain in the secretary of state's office all utility security instruments and statements of name change, merger, or consolidation filed with the secretary of state.
(d)  The secretary of state shall charge a $25 fee to:
(1)  file and index:
(A)  a utility security instrument;
(B)  an instrument that supplements or amends a utility security instrument; or
(C)  a statement of name change, merger, or consolidation; and
(2)  stamp a copy of a document described by Subdivision (1), provided by the secured party or the utility, to indicate the date and place of filing.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 8 - Security Instruments › Chapter 261 - Utility Security Instruments › Section 261.009. Certificate of Filing; Fee

Sec. 261.009.  CERTIFICATE OF FILING; FEE.  (a)  On request of any person, the secretary of state shall issue a certificate that:
(1)  indicates whether on the date and hour stated in the request, there is on file any presently effective utility security instrument naming a particular utility; and
(2)  if there is, states:
(A)  the date and hour the utility security instrument was filed; and
(B)  the names and addresses of each secured party.
(b)  The amount of the fee for a certificate under this section is the same as the amount of the fee provided by Section 9.525(d).
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 547 (S.B. 1699), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 8 - Security Instruments › Chapter 261 - Utility Security Instruments › Section 261.010. Copy of Filed Utility Security Instrument; Fee

Sec. 261.010.  COPY OF FILED UTILITY SECURITY INSTRUMENT; FEE.  (a)  On request and payment of the fee prescribed by Subsection (b), the secretary of state shall provide a person with a copy of any filed utility security instrument.
(b)  The fee for a copy under this section is in the amount provided by Section 405.031, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 547 (S.B. 1699), Sec. 5, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 8 - Security Instruments › Chapter 261 - Utility Security Instruments › Section 261.011. Notice of Utility Security Instrument Affecting Real Property

Sec. 261.011.  NOTICE OF UTILITY SECURITY INSTRUMENT AFFECTING REAL PROPERTY.  (a)  If a utility security instrument filed with the secretary of state under Section 261.004 grants a security interest in real property owned by the utility, a notice of utility security instrument affecting real property must be recorded in the office of the county clerk in the county in which the real property is located.  The notice must state:
(1)  the name of the utility that executed the utility security instrument;
(2)  that a utility security instrument affecting real property in the county has been executed by the utility; and
(3)  that the utility security instrument was filed, and other security instruments may be on file, with the secretary of state.
(b)  A notice recorded under Subsection (a) is sufficient to provide notice of any other security instrument filed with the secretary of state that:
(1)  was executed by the utility; and
(2)  grants a security interest in any real property located in the county in which the notice was recorded or in any fixture on the property.
(c)  The county clerk shall record and index a notice described by Subsection (a) in the same records and indices as the clerk records and indexes mortgages on real property.
(d)  The county clerk shall maintain a separate index of utility security instruments and continuation statements recorded under prior law.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 8 - Security Instruments › Chapter 261 - Utility Security Instruments › Section 261.012. Assignment of Security Interest

Sec. 261.012.  ASSIGNMENT OF SECURITY INTEREST.  (a)  A secured party may assign a security interest recorded under Section 261.004 without making any filing or giving any notice under this chapter.  The security interest assigned remains valid and perfected and retains its priority, securing the obligation assigned to the assignee, against transferees from and creditors of the debtor utility, including lien creditors, as defined by Section 9.102.
(b)  An assignee or assignor may, but need not to retain the validity, perfection, and priority of the security interest assigned, as evidence of the assignment of the security interest recorded under Section 261.004, apply to the secretary of state for the assignee to be reflected as secured party on the utility security instrument and notify the debtor utility of the assignment.  Failure to make application under this section or notify a debtor utility of an assignment does not create a cause of action against the secured party reflected on the utility security instrument, the assignor, or the assignee or affect the continuation of the perfected status of the assigned security interest in favor of the assignee against transferees from and creditors of the debtor utility, including lien creditors, as defined by Section 9.102.
Added by Acts 2009, 81st Leg., R.S., Ch. 814 (S.B. 1592), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 271 - Rights of Parties to Choose Law Applicable to Certain Transactions › Section 271.001. Definition

Sec. 271.001.  DEFINITION.  In this chapter, "qualified transaction" means a transaction under which a party:
(1)  pays or receives, or is obligated to pay or is entitled to receive, consideration with an aggregate value of at least $1 million; or
(2)  lends, advances, borrows, or receives, or is obligated to lend or advance or is entitled to borrow or receive, money or credit with an aggregate value of at least $1 million.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 271 - Rights of Parties to Choose Law Applicable to Certain Transactions › Section 271.002. Substantially Similar or Related Transactions

Sec. 271.002.  SUBSTANTIALLY SIMILAR OR RELATED TRANSACTIONS.  For purposes of this chapter, two or more substantially similar or related transactions are considered a single transaction if the transactions:
(1)  are entered into contemporaneously; and
(2)  have at least one common party.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 271 - Rights of Parties to Choose Law Applicable to Certain Transactions › Section 271.003. Conflict-of-Laws Rules

Sec. 271.003.  CONFLICT-OF-LAWS RULES.  For purposes of this chapter, a reference to the law of a particular jurisdiction does not include that jurisdiction's conflict-of-laws rules.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 271 - Rights of Parties to Choose Law Applicable to Certain Transactions › Section 271.005. Law Governing Issue Relating to Qualified Transaction

Sec. 271.005.  LAW GOVERNING ISSUE RELATING TO QUALIFIED TRANSACTION.  (a)  Except as provided by Section 271.007, 271.008(b), 271.009, 271.010, or 271.011 or by Chapter 272, the law of a particular jurisdiction governs an issue relating to a qualified transaction if:
(1)  the parties to the transaction agree in writing that the law of that jurisdiction governs the issue, including the validity or enforceability of an agreement relating to the transaction or a provision of the agreement; and
(2)  the transaction bears a reasonable relation to that jurisdiction.
(b)  The law of a particular jurisdiction governs an issue described by this section regardless of whether the application of that law is contrary to a fundamental or public policy of this state or of any other jurisdiction.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 271 - Rights of Parties to Choose Law Applicable to Certain Transactions › Section 271.006. Law Governing Interpretation or Construction of Agreement Relating to Qualified Transaction

Sec. 271.006.  LAW GOVERNING INTERPRETATION OR CONSTRUCTION OF AGREEMENT RELATING TO QUALIFIED TRANSACTION.  Except as provided by Section 271.008(b), 271.009, 271.010, or 271.011 and by Chapter 272, if the parties to a qualified transaction agree in writing that the law of a particular jurisdiction governs the interpretation or construction of an agreement relating to the transaction or a provision of the agreement, the law of that jurisdiction governs that issue regardless of whether the transaction bears a reasonable relation to that jurisdiction.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 271 - Rights of Parties to Choose Law Applicable to Certain Transactions › Section 271.007. Law Governing Validity or Enforceability of Term of Agreement Relating to Qualified Transaction

Sec. 271.007.  LAW GOVERNING VALIDITY OR ENFORCEABILITY OF TERM OF AGREEMENT RELATING TO QUALIFIED TRANSACTION.  (a)  Except as provided by Section 271.008(b), 271.009, 271.010, or 271.011 or by Chapter 272, this section applies if:
(1)  the parties to a qualified transaction agree in writing that the law of a particular jurisdiction governs the validity or enforceability of an agreement relating to the transaction or a provision of the agreement;
(2)  the transaction bears a reasonable relation to that jurisdiction; and
(3)  a term of the agreement or of that provision is invalid or unenforceable under the law of that jurisdiction but is valid or enforceable under the law of the jurisdiction that has the most significant relation to the transaction, the subject matter of the transaction, and the parties.
(b)  If this section applies:
(1)  the law of the jurisdiction that has the most significant relation to the transaction, the subject matter of the transaction, and the parties governs the validity or enforceability of a term described by Subsection (a)(3); and
(2)  the law of the jurisdiction that the parties agree would govern the validity or enforceability of the agreement or provision governs the validity or enforceability of the other terms of the agreement or provision.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 271 - Rights of Parties to Choose Law Applicable to Certain Transactions › Section 271.008. Applicability to Certain Real Property Transactions; Exceptions

Sec. 271.008.  APPLICABILITY TO CERTAIN REAL PROPERTY TRANSACTIONS; EXCEPTIONS.  (a)  Sections 271.004-271.007 apply to the determination of the law that governs an issue relating to a transaction involving real property other than a matter described by Subsection (b), including the validity or enforceability of an indebtedness incurred in consideration for the transfer of, or the payment of which is secured by a lien on, real property.
(b)  Sections 271.004-271.007 do not apply to the determination of the law that governs:
(1)  whether a transaction transfers or creates an interest in real property for security purposes or otherwise;
(2)  the nature of an interest in real property that is transferred or created by a transaction;
(3)  the method for foreclosure of a lien on real property;
(4)  the nature of an interest in real property that results from foreclosure; or
(5)  the manner and effect of recording or failing to record evidence of a transaction that transfers or creates an interest in real property.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 271 - Rights of Parties to Choose Law Applicable to Certain Transactions › Section 271.009. Exception: Marriage or Adoption

Sec. 271.009.  EXCEPTION:  MARRIAGE OR ADOPTION.  Sections 271.004-271.007 do not apply to the determination of the law that governs:
(1)  the validity of a marriage or an adoption;
(2)  whether a marriage has been terminated; or
(3)  the effect of a marriage on property owned by a spouse at the time of the marriage or acquired by either spouse during the marriage.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 271 - Rights of Parties to Choose Law Applicable to Certain Transactions › Section 271.010. Exception: Decedent's Estate

Sec. 271.010.  EXCEPTION:  DECEDENT'S ESTATE.  Sections 271.004-271.007 do not apply to the determination of the law that governs:
(1)  whether an instrument is a will;
(2)  the rights of persons under a will; or
(3)  the rights of persons in the absence of a will.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 271 - Rights of Parties to Choose Law Applicable to Certain Transactions › Section 271.011. Exception: Other Statute Specifying Governing Law

Sec. 271.011.  EXCEPTION:  OTHER STATUTE SPECIFYING GOVERNING LAW.  Sections 271.004-271.007 do not apply to the determination of the law that governs an issue that another statute of this state or a statute of the United States provides is governed by the law of a particular jurisdiction.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 272 - Law Applicable to Certain Construction Contracts › Section 272.0001. Definition

Sec. 272.0001.  DEFINITION.  In this chapter, "construction contract" means a contract, subcontract, or agreement entered into or made by an owner, architect, engineer, contractor, construction manager, subcontractor, supplier, or material or equipment lessor for the design, construction, alteration, renovation, remodeling, or repair of, or for the furnishing of material or equipment for, a building, structure, appurtenance, or other improvement to or on public or private real property, including moving, demolition, and excavation connected with the real property.  The term includes an agreement to which an architect, engineer, or contractor and an owner's lender are parties regarding an assignment of the construction contract or other modifications thereto.
Added by Acts 2017, 85th Leg., R.S., Ch. 580 (S.B. 807), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 272 - Law Applicable to Certain Construction Contracts › Section 272.001. Voidable Contract Provision

Sec. 272.001.  VOIDABLE CONTRACT PROVISION.  (a)  This section applies only to a construction contract concerning real property located in this state.
(b)  If a construction contract or an agreement collateral to or affecting the construction contract contains a provision making the contract or agreement or any conflict arising under the contract or agreement subject to another state's law, litigation in the courts of another state, or arbitration in another state, that provision is voidable by a party obligated by the contract or agreement to perform the work that is the subject of the construction contract.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 580 (S.B. 807), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 272 - Law Applicable to Certain Construction Contracts › Section 272.002. Inapplicability of Chapter

Sec. 272.002.  INAPPLICABILITY OF CHAPTER.  This chapter does not apply to a construction contract that:
(1)  is a partnership agreement or other agreement governing an entity or trust;
(2)  provides for a loan or other extension of credit and the party promising to perform the work that is the subject of the construction contract is doing so as part of the party's agreements with the lender or other person who extends credit; or
(3)  is for the management of real property or improvements and the obligation to perform the work that is the subject of the construction contract is part of that management.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 580 (S.B. 807), Sec. 2, eff. September 1, 2017.