HBA-MPM H.B. 1367 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1367
By: Solomons
Business & Industry
2/22/2001
Introduced



BACKGROUND AND PURPOSE 

In 1999, the 76th Texas Legislature adopted the revised Uniform Commercial
Code relating to secured transactions, which becomes effective July 1,
2001.  This revision is based on the official text of the Uniform
Commercial Code, formally approved by the National Conference of
Commissioners on Uniform State Laws (conference) and the American Law
Institute.  Certain technical amendments have been approved by the
conference's executive committee.  House Bill 1367 incorporates these
technical amendments to the Uniform Commercial Code. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1367 amends the Business & Commerce Code to modify the Uniform
Commercial Code -Secured Transactions to make technical changes. 

House Bill 1367 includes in the definition of "chattel paper" a record or
records evidencing both a monetary obligation and a security interest in
specific goods and license of software used in the goods, and a lease of
specific goods and license of software used in the goods.  The bill
specifies that this term does not include records that evidence a right to
payment arising out of the use of a credit or charge card or information
contained on or for use with the card (Sec. 9.102). 

The bill clarifies that the filing with the filing office of a termination
statement relating to a financial statement that indicates the debtor is a
transmitting utility also causes the effectiveness of the financing
statement to lapse, except as provided in law regarding the conditions in
which a filed record is effective (Sec. 9.513). 

The bill also transfers applicable law relating to secured transactions
passed by the 76th Legislature from session law to the Business & Commerce
Code (SECTION 22). 

The bill authorizes a person to add or delete collateral covered by,
continue or terminate the effectiveness of, or otherwise amend the
information provided in a pre-effective-date financing statement only
according to laws of jurisdiction governing perfection.  However, the
effectiveness of such a statement may also be terminated according to the
law of jurisdiction in which the statement is filed.  The bill authorizes a
preeffective-date financing statement to be amended and specifies
conditions which must be met to amend the statement.  The bill makes
provisions for the continuance of the statement and sets forth conditions
under which the effectiveness of the statement may be terminated (Sec.
9.707).   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.