Sec. 9.315. SECURED PARTY'S RIGHTS ON DISPOSITION OF COLLATERAL AND IN PROCEEDS. (a) Except as otherwise provided in this chapter and Section 2.403(b):
(1) a security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and
(2) a security interest attaches to any identifiable proceeds of collateral.
(b) Proceeds that are commingled with other property are identifiable proceeds:
(1) if the proceeds are goods, to the extent provided by Section 9.336; and
(2) if the proceeds are not goods, to the extent that the secured party identifies the proceeds by a method of tracing, including application of equitable principles, that is permitted under law other than this chapter with respect to commingled property of the type involved.
(c) A security interest in proceeds is a perfected security interest if the interest in the original collateral was perfected.
(d) A perfected security interest in proceeds becomes unperfected on the 21st day after the security interest attaches to receipt of the proceeds unless:
(1) the following conditions are satisfied:
(A) a filed financing statement covers the original collateral;
(B) the proceeds are collateral in which a security interest may be perfected by filing in the office in which the financing statement has been filed; and
(C) the proceeds are not acquired with cash proceeds;
(2) the proceeds are identifiable cash proceeds; or
(3) the security interest in the proceeds is perfected other than under Subsection (c) when the security interest attaches to the proceeds or within 20 days thereafter.
(e) If a filed financing statement covers the original collateral, a security interest in proceeds that remains perfected under Subsection (d)(1) becomes unperfected at the later of:
(1) when the effectiveness of the filed financing statement lapses under Section 9.515 or is terminated under Section 9.513; or
(2) the 21st day after the security interest attaches to the proceeds.
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
Subchapter C. Perfection and Priority
Section 9.301. Law Governing Perfection and Priority of Security Interests
Section 9.302. Law Governing Perfection and Priority of Agricultural Liens
Section 9.304. Law Governing Perfection and Priority of Security Interests in Deposit Accounts
Section 9.305. Law Governing Perfection and Priority of Security Interests in Investment Property
Section 9.307. Location of Debtor
Section 9.308. When Security Interest or Agricultural Lien Is Perfected; Continuity of Perfection
Section 9.309. Security Interest Perfected Upon Attachment
Section 9.314. Perfection by Control
Section 9.315. Secured Party's Rights on Disposition of Collateral and in Proceeds
Section 9.316. Effect of Change in Governing Law
Section 9.319. Rights and Title of Consignee With Respect to Creditors and Purchasers
Section 9.320. Buyers of Goods
Section 9.321. Licensee of General Intangible and Lessee of Goods in Ordinary Course of Business
Section 9.323. Future Advances
Section 9.324. Priority of Purchase-Money Security Interests
Section 9.325. Priority of Security Interests in Transferred Collateral
Section 9.326. Priority of Security Interests Created by New Debtor
Section 9.327. Priority of Security Interests in Deposit Account
Section 9.328. Priority of Security Interests in Investment Property
Section 9.329. Priority of Security Interests in Letter-of-Credit Right
Section 9.330. Priority of Purchaser of Chattel Paper or Instrument
Section 9.332. Transfer of Money; Transfer of Funds From Deposit Account
Section 9.333. Priority of Certain Liens Arising by Operation of Law
Section 9.334. Priority of Security Interests in Fixtures and Crops
Section 9.336. Commingled Goods
Section 9.337. Priority of Security Interests in Goods Covered by Certificate of Title
Section 9.339. Priority Subject to Subordination
Section 9.340. Effectiveness of Right of Recoupment or Set-Off Against Deposit Account
Section 9.341. Bank's Rights and Duties With Respect to Deposit Account
Section 9.342. Bank's Right to Refuse to Enter Into or Disclose Existence of Control Agreement