2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 9 - Secured Transactions › Subchapter H. Transition Provisions for 2013 Amendments › Section 9.804. Security Interest Unperfected Before Effective Date

Sec. 9.804.  SECURITY INTEREST UNPERFECTED BEFORE EFFECTIVE DATE.  A security interest that is an unperfected security interest immediately before July 1, 2013, becomes a perfected security interest:
(1)  without further action, when the 2013 amendments take effect if the applicable requirements for perfection under this chapter, as amended by the 2013 amendments, are satisfied before or at that time; or
(2)  when the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
Added by Acts 2011, 82nd Leg., R.S., Ch. 67 (S.B. 782), Sec. 18, eff. July 1, 2013.
Sec. 9.805.  EFFECTIVENESS OF ACTION TAKEN BEFORE EFFECTIVE DATE.  (a)  The filing of a financing statement before the 2013 amendments take effect is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this chapter, as amended by the 2013 amendments.
(b)  The 2013 amendments do not render ineffective an effective financing statement that, before July 1, 2013, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this chapter as it existed before amendment.  However, except as otherwise provided in Subsections (c) and (d) and Section 9.806, the financing statement ceases to be effective:
(1)  if the financing statement is filed in this state, at the time the financing statement would have ceased to be effective had the 2013 amendments not taken effect; or
(2)  if the financing statement is filed in another jurisdiction, at the earlier of:
(A)  the time the financing statement would have ceased to be effective under the law of that jurisdiction; or
(B)  June 30, 2018.
(c)  The filing of a continuation statement after the 2013 amendments take effect does not continue the effectiveness of the financing statement filed before July 1, 2013.  However, on the timely filing of a continuation statement after the 2013 amendments take effect and in accordance with the law of the jurisdiction governing perfection as provided in this chapter, as amended by the 2013 amendments, the effectiveness of a financing statement filed in the same office in that jurisdiction before the 2013 amendments take effect continues for the period provided by the law of that jurisdiction.
(d)  Subsection (b)(2)(B) applies to a financing statement that, before July 1, 2013, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this chapter as it existed before amendment, only to the extent that this chapter, as amended by the 2013 amendments, provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.
(e)  A financing statement that includes a financing statement filed before the 2013 amendments take effect and a continuation statement filed after the 2013 amendments take effect is effective only to the extent that it satisfies the requirements of Subchapter E, as amended by the 2013 amendments, for an initial financing statement.  A financing statement that indicates that the debtor is a decedent's estate indicates that the collateral is being administered by a personal representative within the meaning of Section 9.503(a)(2), as amended by the 2013 amendments.  A financing statement that indicates that the debtor is a trust or is a trustee acting with respect to property held in trust indicates that the collateral is held in a trust within the meaning of Section 9.503(a)(3), as amended by the 2013 amendments.
Added by Acts 2011, 82nd Leg., R.S., Ch. 67 (S.B. 782), Sec. 18, eff. July 1, 2013.