Sec. 9.317. INTERESTS THAT TAKE PRIORITY OVER OR TAKE FREE OF SECURITY INTEREST OR AGRICULTURAL LIEN. (a) A security interest or agricultural lien is subordinate to the rights of:
(1) a person entitled to priority under Section 9.322; and
(2) except as otherwise provided in Subsection (e), a person that becomes a lien creditor before the earlier of the time:
(A) the security interest or agricultural lien is perfected; or
(B) one of the conditions specified in Section 9.203(b)(3) is met and a financing statement covering the collateral is filed.
(b) Except as otherwise provided in Subsection (e), a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
(c) Except as otherwise provided in Subsection (e), a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
(d) A licensee of a general intangible or a buyer, other than a secured party, of collateral other than tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected.
(e) Except as otherwise provided in Sections 9.320 and 9.321, if a person files a financing statement with respect to a purchase-money security interest before or within 20 days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee, or lien creditor that arise between the time the security interest attaches and the time of filing.
Amended by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001; Acts 2001, 77th Leg., ch. 705, Sec. 6, eff. June 13, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 28, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 67 (S.B. 782), Sec. 7, eff. July 1, 2013.
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