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.
Structure Texas Statutes
Title 8 - Security Instruments
Chapter 261 - Utility Security Instruments
Section 261.002. Act Constituting Filing
Section 261.003. Applicability of Chapter
Section 261.004. Filing Utility Security Instrument With Secretary of State: Perfection and Notice
Section 261.005. Duration of Perfection and Notice
Section 261.006. Priorities and Remedies Applicable to Certain Perfected Security Interests
Section 261.007. Notice of Name Change, Merger, or Consolidation
Section 261.008. Endorsement and Filing by Secretary of State; Fees
Section 261.009. Certificate of Filing; Fee
Section 261.010. Copy of Filed Utility Security Instrument; Fee
Section 261.011. Notice of Utility Security Instrument Affecting Real Property