"Person entitled to enforce" an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 3.309 or 3.418(d). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.
Tex. Bus. & Com. Code § 3.301
PERSON ENTITLED TO ENFORCE INSTRUMENT
Known as the Uniform Commercial Code
The act spans §§ 1–12 (616 sections).
Applied in 20 court decisions — leading case Sms Financial Limited Liability Company v. Abco Homes Inc (1999)
Most recently applied in In re Bryant (April 2019)
Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.