Texas 2023 - 88th Regular

Texas Senate Bill SB2075

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to amendments to the Uniform Commercial Code, including amendments concerning certain intangible assets and the perfection of security interests in those assets.

Impact

The impact of SB2075 on state laws is significant. It seeks to improve the legal framework surrounding the perfection of security interests, which is crucial for lenders and borrowers alike. By clearly defining how security interests are perfected in intangible assets, the bill aims to reduce uncertainty and disputes in secured transactions. Furthermore, it introduces new methodologies for ensuring that security interests are recognized and enforceable, which could enhance credit availability for businesses relying on such assets. The amendments to the Business & Commerce Code reflect a push towards greater efficiency and clarity in commercial transactions.

Summary

SB2075 proposes amendments to the Uniform Commercial Code, specifically targeting the areas concerning intangible assets and the perfection of security interests in those assets. The bill is designed to modernize and clarify existing laws related to secured transactions, making it easier for businesses and individuals to engage in commerce involving intangible assets. This update includes provisions for controllable electronic records, controllable payment intangibles, and other related assets, reflecting the evolving financial landscape and the increasing importance of digital and electronic property.

Sentiment

The general sentiment surrounding SB2075 appears to be positive among proponents, who argue that it modernizes the law in a way that aligns with current business practices and technological advancements. Supporters believe that the bill will facilitate economic growth by making it easier for companies to secure financing against intangible assets. However, some concerns have been raised about the potential complexities introduced by these changes, with a need for businesses to adapt to the updated legal definitions and requirements. Overall, the sentiment reflects a balance between optimism for modernization and caution regarding implementation.

Contention

Notable points of contention in the discussions around SB2075 include the complexities of transitioning from existing laws to the new amendments and the concerns from some stakeholders regarding the potential for litigation as businesses adjust to the new standards. Additionally, there are apprehensions about how the changes might affect smaller businesses or those that might lack the resources necessary to navigate the new regulations. The debate highlights the tension between the desire for streamlined processes and the need to protect various interests within the economic landscape.

Companion Bills

TX HB5011

Identical Relating to amendments to the Uniform Commercial Code, including amendments concerning certain intangible assets and the perfection of security interests in those assets.

Similar Bills

TX HB5011

Relating to amendments to the Uniform Commercial Code, including amendments concerning certain intangible assets and the perfection of security interests in those assets.

TX SB2223

Relating to amendments to the Uniform Commercial Code, including amendments concerning certain intangible assets and the perfection of security interests in those assets.

VT H0206

An act relating to the Uniform Commercial Code

NC S117

GSC Uniform Comm. Code/Emerging Technologies

AR HB1746

To Amend The Uniform Commercial Code.

OR SB167

Relating to the Uniform Commercial Code.

MT SB426

Generally revise the Uniform Commercial Code