Texas Business and Commerce Code 261.011 – Notice of Utility Security Instrument Affecting Real Property
(a) If a utility security instrument filed with the secretary of state under Section 261.004 grants a security interest in real property owned by the utility, a notice of utility security instrument affecting real property must be recorded in the office of the county clerk in the county in which the real property is located. The notice must state:
(1) the name of the utility that executed the utility security instrument;
(2) that a utility security instrument affecting real property in the county has been executed by the utility; and
(3) that the utility security instrument was filed, and other security instruments may be on file, with the secretary of state.
(b) A notice recorded under Subsection (a) is sufficient to provide notice of any other security instrument filed with the secretary of state that:
(1) was executed by the utility; and
(2) grants a security interest in any real property located in the county in which the notice was recorded or in any fixture on the property.
Terms Used In Texas Business and Commerce Code 261.011
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) The county clerk shall record and index a notice described by Subsection (a) in the same records and indices as the clerk records and indexes mortgages on real property.
(d) The county clerk shall maintain a separate index of utility security instruments and continuation statements recorded under prior law.