2005 Texas Business & Commerce Code CHAPTER 11. EFFECTIVE DATE AND TRANSITION PROVISIONS--1973 AMENDMENTS

BUSINESS & COMMERCE CODE

CHAPTER 11. EFFECTIVE DATE AND TRANSITION PROVISIONS--1973 
AMENDMENTS


	§ 11.101. EFFECTIVE DATE.  This Act  (referred to as the 
"1973 amendments") takes effect on January 1, 1974.

Added by Acts 1973, 63rd Leg., p. 1030, ch. 400, § 6, eff. Jan. 1, 
1974. 


	§ 11.102. PRESERVATION OF OLD TRANSITION PROVISIONS.  The 
provisions of Article 10 of the Uniform Commercial Code, as 
amended, shall continue to apply to the amended code, and for this 
purpose this code as amended shall be considered one continuous 
statute.

Added by Acts 1973, 63rd Leg., p. 1030, ch. 400, § 6, eff. Jan. 1, 
1974. 


	§ 11.103. TRANSITION TO 1973 AMENDMENTS--GENERAL 
RULE.  Transactions validly entered into after June 30, 1966, and 
before January 1, 1974, and which were subject to the provisions of 
this title and which would be subject to the 1973 amendments if they 
had been entered into on or after January 1, 1974, and the rights, 
duties and interests flowing from such transactions remain valid on 
and after the latter date and may be terminated, completed, 
consummated or enforced as required or permitted by the 1973 
amendments.  Security interests arising out of such transactions 
which are perfected when the 1973 amendments become effective shall 
remain perfected until they lapse as provided in the code as 
amended, and may be continued as permitted by the code as amended, 
except as stated in Section 11.105.

Added by Acts 1973, 63rd Leg., p. 1030, ch. 400, § 6, eff. Jan. 1, 
1974. 


	§ 11.104. TRANSITION PROVISION ON CHANGE OF REQUIREMENT 
OF FILING.  A security interest for the perfection of which filing 
or the taking of possession was required under this code and which 
attached prior to January 1, 1974, but was not perfected shall be 
deemed perfected on January 1, 1974, if this code as amended permits 
perfection without filing or authorizes filing in the office or 
offices where a prior ineffective filing was made.

Added by Acts 1973, 63rd Leg., p. 1030, ch. 400, § 6, eff. Jan. 1, 
1974. 


	§ 11.105. TRANSITION PROVISION ON CHANGE OF PLACE OF 
FILING.  (a) A financing statement or continuation statement filed 
prior to January 1, 1974, which shall not have lapsed prior to 
January 1, 1974, shall remain effective for the period provided in 
the code before January 1, 1974, but not less than five years after 
the filing.
	(b)  With respect to any collateral, other than fixtures or 
minerals or the like (including oil and gas) or accounts subject to 
Subsection (e) of Section 9.103, which are covered by a financing 
statement or security agreement filed as a financing statement or 
continuation statement filed prior to January 1, 1974, and which 
shall not have lapsed prior to January 1, 1974, acquired by the 
debtor on or after January 1, 1974, any effective financing 
statement or security agreement filed as a financing statement or 
continuation statement described in this section and purporting to 
cover such after-acquired collateral shall apply only if the filing 
or filings are in the office or offices that would be appropriate to 
perfect the security interests in the new collateral under the code 
with its 1973 amendments.
	(c)  The effectiveness of any financing statement or 
continuation statement filed prior to January 1, 1974, may be 
continued by a continuation statement as permitted by this code 
with 1973 amendments, except that if this code with 1973 
amendments, requires a filing or a filing for record in an office 
where there was no previous financing statement, a new financing 
statement conforming to Section 11.106 shall be filed or filed for 
record in that office.
	(d)  If the filing for record of a mortgage would have been 
effective as to the types of collateral enumerated in Subsection 
(f) of Section 9.402 if the 1973 amendments had been in effect on 
the date of the filing for record of the mortgage, the mortgage 
shall be deemed effective as such a filing as to the types of 
collateral enumerated in Subsection (f) of Section 9.402 of this 
code, as amended, on January 1, 1974.

Added by Acts 1973, 63rd Leg., p. 1030, ch. 400, § 6, eff. Jan. 1, 
1974.  Amended by Acts 1975, 64th Leg., p. 943, ch. 353, § 10, 11, 
eff. June 19, 1975.


	§ 11.106. REQUIRED REFILINGS.  (a) If a security interest 
is perfected or has priority when the 1973 amendments take effect as 
to all persons or as to certain persons without any filing or 
recording, and if the filing of a financing statement would be 
required for the perfection or priority of the security interest 
against those persons under the 1973 amendments, the perfection and 
priority rights of the security interest continue until January 1, 
1977.  The perfection will then lapse unless a financing statement 
is filed as provided in Subsection (d) or unless the security 
interest is perfected otherwise than by filing.
	(b)  If a security interest is perfected when the 1973 
amendments take effect under a law other than this title which 
requires no further filing, refiling or recording to continue its 
perfection, perfection continues until and will lapse on January 1, 
1977, unless a financing statement is filed as provided in 
Subsection (d) or unless the security interest is perfected 
otherwise than by filing, or unless under Subsection (c) of Section 
9.302 the other law continues to govern filing.
	(c)  If a security interest is perfected by a filing, 
refiling or recording under a law repealed by this Act which 
required further filing, refiling or recording to continue its 
perfection, perfection continues and will lapse on the date 
provided by the law so repealed for such further filing, refiling or 
recording unless a financing statement is filed as provided in 
Subsection (d) or unless the security interest is perfected 
otherwise than by filing.
	(d)  A financing statement may be filed within six months 
before the perfection of a security interest would otherwise lapse.  
Any such financing statement may be signed by either the debtor or 
the secured party.  It must identify the security agreement, 
statement or notice (however denominated in any statute or other 
law repealed or modified by this Act), state the office where and 
the date when the last filing, refiling or recording, if any, was 
made with respect thereto, and the filing number, if any, or book 
and page, if any, of recording and further state that the security 
agreement, statement or notice, however denominated, in another 
filing office under this title or under any statute or other law 
repealed or modified by this Act is still effective.  Section 9.401 
and Section 9.103 determine the proper place to file such a 
financing statement.  Except as specified in this subsection, the 
provisions of Section 9.403(c) for continuation statements apply to 
such a financing statement.

Added by Acts 1973, 63rd Leg., p. 1030, ch. 400, § 6, eff. Jan. 1, 
1974. 


	§ 11.107. TRANSITION PROVISIONS AS TO PRIORITIES.  Except 
as otherwise provided in this chapter, this title as it existed 
before the 1973 amendments took effect shall apply to any questions 
of priority if the positions of the parties were fixed prior to 
January 1, 1974.  In other cases questions of priority shall be 
determined by this title with 1973 amendments.

Added by Acts 1973, 63rd Leg., p. 1030, ch. 400, § 6, eff. Jan. 1, 
1974. 


	§ 11.108. PRESUMPTION THAT RULE OF LAW CONTINUES 
UNCHANGED.  Unless a change in law has clearly been made, the 
provisions of this title with 1973, 1975, and 1977 amendments shall 
be deemed declaratory of the meaning of the title.

Added by Acts 1973, 63rd Leg., p. 1030, ch. 400, § 6, eff. Jan. 1, 
1974.  Amended by Acts 1975, 64th Leg., p. 944, ch. 353, § 12, 
eff. June 19, 1975;  Acts 1977, 65th Leg., p. 334, ch. 163, § 5, 
eff. Aug. 29, 1977.