Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 9.340 - Effectiveness of Right of Recoupment or Set-Off Against Deposit Account(a) Except as otherwise provided in Subsection (c), a bank with which a deposit account is maintained may exercise any right of recoupment or set-off against a secured party that holds a security interest in the deposit account.(b) Except as otherwise provided in Subsection (c), the application of this chapter to a security interest in a deposit account does not affect a right of recoupment or set-off of the secured party as to a deposit account maintained with the secured party.(c) The exercise by a bank of a set-off against a deposit account is ineffective against a secured party that holds a security interest in the deposit account that is perfected by control under Section 9.104(a)(3), if the set-off is based on a claim against the debtor.Tex. Bus. and Comm. Code § 9.340
Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. 7/1/2001.