Texas Statutes
§ 3.105 — ISSUE OF INSTRUMENT.
Texas § 3.105
JurisdictionTexas
Code BCBusiness & Commerce Code
This text of Texas § 3.105 (ISSUE OF INSTRUMENT.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Tex. Business & Commerce Code Code Ann. § 3.105 (2026).
Text
Sec. 3.105. ISSUE OF INSTRUMENT.
(a)"Issue" means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person.
(b)An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.
(c)"Issuer" applies to issued and unissued instruments and means a maker or drawer of an instrument.
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Related
Miller-Rogaska, Inc. v. Bank One, Texas, N.A.
931 S.W.2d 655 (Court of Appeals of Texas, 1996)
Burns v. Resolution Trust Corp.
880 S.W.2d 149 (Court of Appeals of Texas, 1994)
Federal Savings And Loan Insurance Corporation v. Mackie
962 F.2d 1144 (Fifth Circuit, 1992)
Hinckley v. Eggers
587 S.W.2d 448 (Court of Appeals of Texas, 1979)
Robinson v. Garcia
804 S.W.2d 238 (Court of Appeals of Texas, 1991)
Resolution Trust Corp. v. 1601 Partners, Ltd.
796 F. Supp. 238 (N.D. Texas, 1992)
Grant Road Public Utility District v. Coulson
638 S.W.2d 616 (Court of Appeals of Texas, 1982)
Federal Savings & Loan Insurance v. Mackie
962 F.2d 1144 (Fifth Circuit, 1992)
Legislative History
Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.
Nearby Sections
15
§ 3.101
SHORT TITLE.§ 3.102
SUBJECT MATTER.§ 3.103
DEFINITIONS.§ 3.104
NEGOTIABLE INSTRUMENT.§ 3.105
ISSUE OF INSTRUMENT.§ 3.111
PLACE OF PAYMENT.§ 3.112
INTEREST.§ 3.113
DATE OF INSTRUMENT.§ 3.115
INCOMPLETE INSTRUMENT.Cite This Page — Counsel Stack
Bluebook (online)
Texas § 3.105, Counsel Stack Legal Research, https://law.counselstack.com/statute/tx/3.105.