Sec. 9.509. PERSONS ENTITLED TO FILE A RECORD. (a) A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if:
(1) the debtor authorizes the filing in an authenticated record or pursuant to Subsection (b) or (c); or
(2) the person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.
(b) By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:
(1) the collateral described in the security agreement; and
(2) property that becomes collateral under Section 9.315(a)(2), whether or not the security agreement expressly covers proceeds.
(c) By acquiring collateral in which a security interest or agricultural lien continues under Section 9.315(a)(1), a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under Section 9.315(a)(2).
(d) A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:
(1) the secured party of record authorizes the filing; or
(2) the amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by Section 9.513(a) or (c), the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed.
(e) If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under Subsection (d).
Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001. Amended by Acts 2001, 77th Leg., ch. 705, Sec. 16, eff. June 13, 2001.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Chapter 9 - Secured Transactions
Section 9.503. Name of Debtor and Secured Party
Section 9.504. Indication of Collateral
Section 9.506. Effect of Errors or Omissions
Section 9.507. Effect of Certain Events on Effectiveness of Financing Statement
Section 9.509. Persons Entitled to File a Record
Section 9.510. Effectiveness of Filed Record
Section 9.511. Secured Party of Record
Section 9.512. Amendment of Financing Statement
Section 9.513. Termination Statement
Section 9.514. Assignment of Powers of Secured Party of Record
Section 9.516. What Constitutes Filing; Effectiveness of Filing
Section 9.517. Effect of Indexing Errors
Section 9.518. Claim Concerning Inaccurate or Wrongfully Filed Record
Section 9.5185. Fraudulent Filing
Section 9.520. Acceptance and Refusal to Accept Record
Section 9.5211. Uniform Form of Written Financing Statement and Amendment
Section 9.522. Maintenance and Destruction of Records
Section 9.523. Information From Filing Office; Sale or License of Records
Section 9.524. Delay by Filing Office