A “utility” under the definition contained in Chapter 261 of the Texas Business and Commerce Code is not considered to be subject to the requirements and benefits of Chapter 261 unless and until such person files a security instrument with the Secretary of State which states conspicuously on its title page: “This Instrument Grants a Security Interest by a Utility.”
“Utility” means a person in Texas engaged in the:
•Generation, transmission or distribution and sale of electric power;
•Transportation, distribution and sale through a local distribution system of natural or other gas for domestic, commercial, industrial or other use;
•Ownership or operation of a pipeline for the transmission or sale of natural or other gas, natural gas liquids, crude oil or petroleum products to other pipeline companies, refineries, local distribution systems, municipalities or industrial consumers;
•Provision of telephone or telegraph service to others;
•Production, transmission or distribution and sale of steam or water;
•Operation of a railroad; and
•Provision of sewer service to others.
The Bank may take a security interest in collateral of a utility and perfect that security interest through the use of a “utility security instrument.” A utility “security instrument” in this context includes a mortgage, deed of trust, security agreement or other instrument executed to secure the payment of a bond, note or other obligation of a utility or instrument supplementary or amendatory thereto (including any signed copy thereof).