(a) The Office of the Secretary of State is the office for filing UCC documents relating to all types of collateral except the following. Financing statements concerning the following classes of goods are to be filed with the county clerk:
- (1) consumer goods used or bought for use primarily for personal, family, or household purposes subject to section 9-109, Texas Business and Commerce Code;
- (2) fixtures when they become so related to particular real estate that an interest in them arises under the real estate law of the state in which the real estate is situated subject to section 9-313, Texas Business and Commerce Code;
- (3) timber specified in the UCC as, "Timber to be cut." subject to section 9-203, Texas Business and Commerce Code; or
- (4) minerals includes an interest in minerals or the like (including oil and gas) before extraction and which attaches thereto as extracted, or which attaches to an account resulting from the sale thereof at the wellhead or minehead subject to subsection 4 of section 9-103, Texas Business and Commerce Code.
- (b) The proper place to file in order to perfect a security interest in consumer goods is with the county clerk of the debtor's residence. If the debtor is not a resident of this state, then the filing should be made in the county where the goods are kept.
Source Note:The provisions of this §95.103 adopted to be effective November 1, 1998, 23 TexReg 9727.