Tex.
Bus. & Com. Code Section 9.323
Future Advances
(a)
Except as otherwise provided in Subsection (c), for purposes of determining the priority of a perfected security interest under Section 9.322 (Priorities Among Conflicting Security Interests in and Agricultural Liens on Same Collateral)(a)(1), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:(1)
is made while the security interest is perfected only:(A)
under Section 9.309 (Security Interest Perfected Upon Attachment) when it attaches; or(B)
temporarily under 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; Temporary Perfection Without Filing or Transfer of Possession)(e), (f), or (g); and(2)
is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under Section 9.309 (Security Interest Perfected Upon Attachment) or 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; Temporary Perfection Without Filing or Transfer of Possession)(e), (f), or (g).(b)
Except as otherwise provided in Subsection (c), a security interest is subordinate to the rights of a person that becomes a lien creditor to the extent that the security interest secures an advance made more than 45 days after the person becomes a lien creditor unless the advance is made:(1)
without knowledge of the lien; or(2)
pursuant to a commitment entered into without knowledge of the lien.(c)
Subsections (a) and (b) do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.(d)
Except as otherwise provided in Subsection (e), a buyer of goods other than a buyer in ordinary course of business takes free of a security interest to the extent that it secures advances made after the earlier of:(1)
the time the secured party acquires knowledge of the buyer’s purchase; or(2)
45 days after the purchase.(e)
Subsection (d) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer’s purchase and before the expiration of the 45-day period.(f)
Except as otherwise provided in Subsection (g), a lessee of goods, other than a lessee in ordinary course of business, takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of:(1)
the time the secured party acquires knowledge of the lease; or(2)
45 days after the lease contract becomes enforceable.(g)
Subsection (f) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period.
Source:
Section 9.323 — Future Advances, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.9.htm#9.323 (accessed Jun. 5, 2024).
