SECTION 95.602. Notice of Utility Security Instrument

(a) Filing. A utility security instrument, an instrument that supplements or amends a utility security instrument, or a statement of name change, merger, or consolidation will be accepted for filing as defined in Chapter 261, Texas Business and Commerce Code. A separate notice is submitted for each utility security instrument and is filed and indexed within the UCC information management system. An instrument that supplements or amends a utility security instrument, or a statement of name change, merger, or consolidation is filed and indexed within the UCC information management system as though it were a financing statement amendment and must include the identification of the initial file number (as defined in §9.519(b), Texas Business and Commerce Code). An amendment to a utility security instrument shall be refused if the document's identification of the initial filing does not correspond to the identification number of a utility security instrument then active in the UCC information management system.

(1) Where to file. Utility security instruments, instruments supplementary or amendatory thereto, or a statement of name change, merger, or consolidation are filed with the filing office pursuant to §261.004, Texas Business and Commerce Code.

(2) Fee. The required fee for filing and indexing each utility security instrument, an instrument that supplements or amends a utility security instrument, or a statement of name change, merger, or consolidation is pursuant to §261.008, Texas Business and Commerce Code.

(3) Duration. The perfection and notice provided by the filing of a utility security instrument take effect on the date of filing and remain in effect without any renewal, refiling, or continuation statement until the interest granted as security is released by the filing of a termination statement, or a release of all or a part of the property, signed by the secured party pursuant to §261.005, Texas Business and Commerce Code.

(b) Mechanics of search. Search requests and reports are conducted pursuant to §261.009, Texas Business and Commerce Code and as described in §§95.500 - 95.505 of this title (relating to Search Requests and Reports).

(c) Fee for search. The required fee for information from the filing office is pursuant to §261.009, Texas Business and Commerce Code and §95.104 and §95.105 of this title (relating to Fees and Expedited Services).

(d) Judicial Finding of Fact filing fee. The fee for a judicial finding of fact is pursuant to §51.905, Texas Government Code.

Source Note: The provisions of this §95.602 adopted to be effective July 1, 2012, 37 TexReg 4571; amended to be effective December 10, 2012, 37 TexReg 9618