HBA-ATS H.B. 3081 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3081
By: Telford
Civil Practices
7/7/1999
Enrolled



BACKGROUND AND PURPOSE 

In February 1998, a court issued a writ of execution to seize artwork on
display at a Houston museum.  The underlying dispute causing the writ to be
issued did not directly involve the museum. Although the artwork was
eventually released, the delay jeopardized the museum's exhibition. Because
major exhibitions constitute a significant portion of a museum's revenue,
disruptions may result in the loss of money. 

H.B. 3081 prohibits a court from issuing and a person from serving any
process of attachment, execution, sequestration, replevin, or distress, or
of any kind of seizure, levy, or sale on a work of fine art while it is en
route to an exhibition, or in the possession of the exhibitor or on display
as part of the exhibition.  The restriction on issuance and service applies
only for a period beginning on the date the work of fine art is en route to
an exhibition and ending on the earlier of six months after the date that
it is en route or the date that the exhibition ends. 

In addition, this bill prohibits a court from issuing and a person from
serving these types of legal documents on a work of fine art unless the
court orders that the artwork is handled and transported in a manner that
complies with the standards of the artistic community for the care of
artwork in transit. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 61, Civil Practice and Remedies Code, by adding
Subchapter E, as follows: 

SUBCHAPTER E.  WORKS OF FINE ART

Sec. 61.081.  EXEMPTION WHEN EN ROUTE TO OR IN AN EXHIBITION.  (a)
Prohibits a court from issuing and a person from serving any process of
attachment, execution, sequestration, replevin, or distress, or of any kind
of seizure, levy, or sale on a work of fine art while it is en route to an
exhibition, or in the possession of the exhibitor or on display as part of
the exhibition. 

(b) Specifies the period during which the restriction on the issuance and
service of process applies, beginning on the date the work of fine art is
en route to an exhibition and ending on the earlier of six months after the
date that it is en route or the date that the exhibition ends. 

(c) Provides that Subsection (a) does not apply to a work of fine art if,
at any other time, issuance and service of process in relation to the work
has been restricted as provided by Subsection (a). 

(d) Provides that Subsection (a) does not apply if theft of the work of art
from its owner  is alleged and found proven by a court. 

(e) Requires a court, in issuing service of process, to require that the
person serving the process give notice to the exhibitor not less than seven
days before the date the period under Subsection (b) ends of the person's
intent to serve process.   

(f) Defines "exhibition."

Sec. 61.082.  HANDLING AND TRANSPORTATION.  Prohibits a court from issuing
and a person from serving any process of attachment, execution,
sequestration, replevin, or distress, or of any kind of seizure, levy, or
sale on a work of fine art unless the court orders that the artwork is
handled and transported in a manner that complies with the standards of the
artistic community for the care of artwork in transit. 

SECTION 2.Emergency clause.
  Effective date: upon passage.