Texas Statutes
Subchapter C. Perfection and Priority
Section 9.317. Interests That Take Priority Over or Take Free of Security Interest or Agricultural Lien

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

Texas Statutes

Business and Commerce Code

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 9.303. Law Governing Perfection and Priority of Security Interests in Goods Covered by a Certificate of Title

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 9.306. Law Governing Perfection and Priority of Security Interests in Letter-of-Credit Rights

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 9.310. When Filing Required to Perfect Security Interest or Agricultural Lien; Security Interests and Agricultural Liens to Which Filing Provisions Do Not Apply

Section 9.311. Perfection of Security Interests in Property Subject to Certain Statutes, Regulations, and Treaties

Section 9.312. Perfection of Security Interests in Chattel Paper, Deposit Accounts, Documents, and Goods Covered by Documents, Instruments, Investment Property, Virtual Currencies, Letter-of-Credit Rights, and Money; Perfection by Permissive Filing;...

Section 9.313. When Possession by or Delivery to Secured Party Perfects Security Interest Without Filing

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 9.317. Interests That Take Priority Over or Take Free of Security Interest or Agricultural Lien

Section 9.318. No Interest Retained in Right to Payment That Is Sold; Rights and Title of Seller of Account or Chattel Paper With Respect to Creditors and Purchasers

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 9.322. Priorities Among Conflicting Security Interests in and Agricultural Liens on Same Collateral

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 9.331. Priority of Rights of Purchasers of Instruments, Documents, Securities, and Virtual Currencies Under Other Chapters; Priority of Interests in Financial Assets and Security Entitlements Under Chapter 8 and Virtual Currencies Under Chapt...

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 9.335. Accessions

Section 9.336. Commingled Goods

Section 9.337. Priority of Security Interests in Goods Covered by Certificate of Title

Section 9.338. Priority of Security Interest or Agricultural Lien Perfected by Filed Financing Statement Providing Certain Incorrect Information

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