Tex. Bus. & Com. Code Section 261.012
Assignment of Security Interest


(a)

A secured party may assign a security interest recorded under Section 261.004 (Filing Utility Security Instrument with Secretary of State: Perfection and Notice) without making any filing or giving any notice under this chapter. The security interest assigned remains valid and perfected and retains its priority, securing the obligation assigned to the assignee, against transferees from and creditors of the debtor utility, including lien creditors, as defined by Section 9.102 (Definitions and Index of Definitions).

(b)

An assignee or assignor may, but need not to retain the validity, perfection, and priority of the security interest assigned, as evidence of the assignment of the security interest recorded under Section 261.004 (Filing Utility Security Instrument with Secretary of State: Perfection and Notice), apply to the secretary of state for the assignee to be reflected as secured party on the utility security instrument and notify the debtor utility of the assignment. Failure to make application under this section or notify a debtor utility of an assignment does not create a cause of action against the secured party reflected on the utility security instrument, the assignor, or the assignee or affect the continuation of the perfected status of the assigned security interest in favor of the assignee against transferees from and creditors of the debtor utility, including lien creditors, as defined by Section 9.102 (Definitions and Index of Definitions).
Added by Acts 2009, 81st Leg., R.S., Ch. 814 (S.B. 1592), Sec. 2, eff. June 19, 2009.

Source: Section 261.012 — Assignment of Security Interest, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­261.­htm#261.­012 (accessed May 4, 2024).

Accessed:
May 4, 2024

§ 261.012’s source at texas​.gov