Sec. 9.205. USE OR DISPOSITION OF COLLATERAL PERMISSIBLE. (a) A security interest is not invalid or fraudulent against creditors solely because:
(1) the debtor has the right or ability to:
(A) use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods;
(B) collect, compromise, enforce, or otherwise deal with collateral;
(C) accept the return of collateral or make repossessions; or
(D) use, commingle, or dispose of proceeds; or
(2) the secured party fails to require the debtor to account for proceeds or replace collateral.
(b) This section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.
Amended by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Chapter 9 - Secured Transactions
Section 9.201. General Effectiveness of Security Agreement
Section 9.202. Title to Collateral Immaterial
Section 9.204. After-Acquired Property; Future Advances
Section 9.205. Use or Disposition of Collateral Permissible
Section 9.206. Security Interest Arising in Purchase or Delivery of Financial Asset
Section 9.207. Rights and Duties of Secured Party Having Possession or Control of Collateral
Section 9.208. Additional Duties of Secured Party Having Control of Collateral
Section 9.209. Duties of Secured Party if Account Debtor Has Been Notified of Assignment
Section 9.210. Request for Accounting; Request Regarding List of Collateral or Statement of Account