Texas Business & Commerce Code
§ 2A.309 — LESSOR'S AND LESSEE'S RIGHTS WHEN GOODS BECOME FIXTURES
BC § 2A.309Title 1. UNIFORM COMMERCIAL CODE · Ch. 2A. LEASES · Art. C. EFFECT OF LEASE CONTRACT
Statute text
View on source(a)In this section:
(1)goods are "fixtures" when they become so related to particular real estate that an interest in them arises under real estate law;
(2)a "fixture filing" is the filing, in the office where a record of a mortgage on the real estate would be filed or recorded, of a financing statement covering goods that are or are to become fixtures and conforming to the requirements of Sections 9.502(a) and (b);
(3)a lease is a "purchase money lease" unless the lessee has possession or use of the goods or the right to possession or use of the goods before the lease agreement is enforceable;
(4)a mortgage is a "construction mortgage" to the extent it secures an obligation incurred for the construction of an improvement on land including the acquisition cost of the land, if the recorded writing so indicates; and
(5)"encumbrance" includes real estate mortgages and other liens on real estate and all other rights in real estate that are not ownership interests.
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Legislative history
Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 414, Sec. 2.22, eff. July 1, 2001.