Court Opinions

State Laws

US Code

US Constitution

Texas Utilities Code - Section 162.005. Effect Of Recording Certain Mortgages Executed By Telephone Cooperatives

Legal Research Home > Texas Laws > Utilities Code > Texas Utilities Code - Section 162.005. Effect Of Recording Certain Mortgages Executed By Telephone Cooperatives

§ 162.005. EFFECT OF RECORDING CERTAIN MORTGAGES EXECUTED 
BY TELEPHONE COOPERATIVES.  (a) An instrument executed by a 
telephone cooperative or a foreign corporation doing business in 
this state under this chapter that affects real and personal 
property and that is recorded in the real property records of any 
county in which the property is located or is to be located has the 
same effect as if the instrument were also recorded as provided by 
law in the proper office in that county as a mortgage of personal 
property.
	(b)  All after-acquired property of a telephone cooperative 
or foreign corporation doing business in this state under this 
chapter described by or referred to as being pledged in an 
instrument to which Subsection (a) applies becomes subject to the 
lien described by the instrument immediately when the cooperative 
or corporation acquires the property, without regard to whether the 
property existed at the time the instrument was executed.  The 
execution of the instrument constitutes notice and otherwise has 
the same effect with respect to after-acquired property to which 
this subsection applies as it has under the laws relating to 
recordation with respect to property that is owned by the 
cooperative or foreign corporation at the time the instrument is 
executed and that is described in the instrument as being pledged by 
the instrument.
	(c)  After a lien on personal property under an instrument to 
which Subsection (a) applies is recorded, the lien continues in 
existence and of record for the period specified in the instrument 
without:
		(1)  the refiling of the instrument;  or                                      
		(2)  the filing of any renewal certificate, affidavit, 
or other supplemental information required by a law relating to the 
renewal, maintenance, or extension of a lien on personal property.

Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.                    

Last modified: August 11, 2007