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Texas Business & Commerce Code - Section 35.015. Election To Be Treated As A Utility

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 35.015. Election To Be Treated As A Utility

§ 35.015. ELECTION TO BE TREATED AS A UTILITY. In this chapter: (1) Any person who is a utility under the definition contained in Subdivision (2) of Subsection (a) of Section 35.01 above shall nevertheless not be considered to be a utility and subject to the requirements and benefits of Subchapter A of this chapter, unless and until such person files a security instrument with the secretary of state which states conspicuously on its title page: "This Instrument Grants A Security Interest By A Utility." (2) An election by a utility to be covered by this subchapter shall only be effective for the collateral covered by the security instrument upon which the election is made and shall not be effective for other collateral unless a similar election is made for such collateral. (3) Any person who executes a security instrument with respect to which no election is made to be treated as a utility as provided in Subsection (a) of this section shall be subject to other applicable requirements of law pertaining to the perfection of a lien or security interest in the collateral covered by such security instrument. Added by Acts 1981, 67th Leg., p. 2935, ch. 778, § 1, eff. Aug. 31, 1981. Renumbered from § 35.01A by Acts 1987, 70th Leg., ch. 167, § 5.02(8), eff. Sept. 1, 1987.

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Last modified: August 10, 2007