Transition Provisions

Contents

[Editorial Note: The General Session Laws designate the transition provisions as Article 3, Sections 3.01 - 3.09. The National Conference of Commissioners Official Text designates the transition provisions as Part 7 of the Revised Article 9. Texas practitioners should be alert to this change in the name and numbering of the transition provisions as the references to "Parts," "Articles," and differing section numbers can be confusing. In addition to this variation in numbering, it should be noted that a new section 9-707 was inserted in the Official Text since the 1999 enactment in Texas and caused a renumbering of Official Text sections 9-707 and 9-708 to sections 9-708 and 9-709 respectively. Whether Texas enacts this new section must await the 2001 legislative session. In the meantime, the Texas transition rules are not in complete conformity with the Official Text.]

Sec. 3.03. Security Interest Perfected Before Effective Date.
Sec. 3.04. Security Interest Unperfected Before Effective Date.
Sec. 3.05. Effectiveness of Action Taken Before Effective Date.
Sec. 3.06. When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement.

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ARTICLE 3. EFFECTIVE DATE; TRANSITION; EMERGENCY

Sec. 3.03. SECURITY INTEREST PERFECTED BEFORE EFFECTIVE DATE. [Comment]

(a) A security interest that is enforceable immediately before the effective date of this Act and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under Chapter 9, Business & Commerce Code, as amended by this Act, if, on the effective date of this Act, the applicable requirements for enforceability and perfection under Chapter 9, Business & Commerce Code, as amended by this Act, are satisfied without further action.

(b) Except as otherwise provided in Section 3.05 of this article, if, immediately before this Act takes effect, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under Chapter 9, Business & Commerce Code, as amended by this Act, are not satisfied when this Act takes effect, the security interest:

(1) is a perfected security interest until July 1, 2002;

(2) remains enforceable after June 30, 2002, only if the security interest becomes enforceable under Section 9.203, Business & Commerce Code, as amended by this Act, before July 1, 2002; and

(3) remains perfected after June 30, 2002, only if the applicable requirements for perfection under Chapter 9, Business & Commerce Code, as amended by this Act, are satisfied before July 1, 2002.

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Sec. 3.04. SECURITY INTEREST UNPERFECTED BEFORE EFFECTIVE DATE. [Comment]

A security interest that is enforceable immediately before this Act takes effect but that would be subordinate to the rights of a person that becomes a lien creditor at that time:

(1) remains an enforceable security interest until July 1, 2002;

(2) remains enforceable after June 30, 2002, if the security interest becomes enforceable under Section 9.203, Business & Commerce Code, as amended by this Act, before July 1, 2002; and

(3) becomes perfected:

(A) without further action, when this Act takes effect, if the applicable requirements for perfection under Chapter 9, Business & Commerce Code, as amended by this Act, are satisfied before or at that time; or

(B) when the applicable requirements for perfection are satisfied if the requirements are satisfied after this Act takes effect.

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Sec. 3.05. EFFECTIVENESS OF ACTION TAKEN BEFORE EFFECTIVE DATE. [Comment]

(a) If action, other than the filing of a financing statement, is taken before this Act takes effect and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before this Act takes effect, the action is effective to perfect a security interest that attaches under Chapter 9, Business & Commerce Code, as amended by this Act, within one year after the effective date of this Act. An attached security interest becomes unperfected on July 1, 2002, unless the security interest becomes a perfected security interest under Chapter 9, Business & Commerce Code, as amended by this Act, before that date.

(b) The filing of a financing statement before the effective date of this Act is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under Chapter 9, Business & Commerce Code, as amended by this Act.

(c) This Act does not render ineffective an effective financing statement that, before the effective date of this Act, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in Section 9.103, Business & Commerce Code, as it existed immediately before the effective date of this Act. However, except as otherwise provided in Subsections (d) and (e) of this section and Section 3.06 of this article, the financing statement ceases to be effective at the earlier of:

(1) the time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or

(2) June 30, 2006.

(d) The filing of a continuation statement after this Act takes effect does not continue the effectiveness of the financing statement filed before this Act takes effect. However, upon the timely filing of a continuation statement after this Act takes effect and in accordance with the law of the jurisdiction governing perfection as provided in Subchapter C, Chapter 9, Business & Commerce Code, as amended by this Act, the effectiveness of a financing statement filed in the same office in that jurisdiction before this Act takes effect continues for the period provided by the law of that jurisdiction.

(e) Subsection (c)(2) of this section applies to a financing statement that, before this Act takes effect, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in Section 9.103, as it existed immediately before the effective date of this Act, only to the extent that Subchapter C, Chapter 9, Business & Commerce Code, as amended by this Act, provides that the law of a jurisdiction other than jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.

(f) A financing statement that includes a financing statement filed before this Act takes effect and a continuation statement filed after this Act takes effect is effective only to the extent that it satisfies the requirements of Subchapter E, Chapter 9, Business & Commerce Code, as amended by this Act, for an initial financing statement.

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Sec. 3.06. WHEN INITIAL FINANCING STATEMENT SUFFICES TO CONTINUE EFFECTIVENESS OF FINANCING STATEMENT. [Comment]

(a) The filing of an initial financing statement in the office specified in Section 9.501, Business & Commerce Code, as amended by this Act, continues the effectiveness of a financing statement filed before this Act takes effect if:

(1) the filing of an initial financing statement in that office would be effective to perfect a security interest under Chapter 9, Business & Commerce Code, as amended by this Act;

(2) the pre-effective-date financing statement was filed in an office in another state or another office in this state; and

(3) the initial financing statement satisfies Subsection (c) of this section.

(b) The filing of an initial financing statement under Subsection (a) of this section continues the effectiveness of the pre-effective-date financing statement:

(1) if the initial financing statement is filed before this Act takes effect, for the period provided in Section 9.403, Business & Commerce Code, as it existed immediately before the effective date of this Act, with respect to a financing statement; and

(2) if the initial financing statement is filed after this Act takes effect, for the period provided in Section 9.515, Business & Commerce Code, as amended by this Act, with respect to an initial financing statement.

(c) To be effective for purposes of Subsection (a) of this section, an initial financing statement must:

(1) satisfy the requirements of Subchapter E, Chapter 9, Business & Commerce Code, as amended by this Act, for an initial financing statement;

(2) identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and

(3) indicate that the pre-effective-date financing statement remains effective.

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