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


Office of House Bill AnalysisC.S.H.B. 3081
By: Telford
Civil Practices
4/11/1999
Committee Report (Substituted)



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. 

C.S.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 for a period
beginning on the date it is en route to an exhibition and ending one year
from that date.  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.  ONE-YEAR EXEMPTION FOR 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 for a period beginning on the date it
is en route to an exhibition and ending one year from that date. 

(b) 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3081 modifies the original bill in SECTION 1 by changing the title
of proposed Section 61.081, Subchapter E, Civil Practice and Remedies Code,
from "Exemption When en Route to or  from or in an Exhibition" to "One-Year
Exemption for Exhibition."  The substitute also modifies proposed Section
61.081 by prohibiting 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 for a period
beginning on the date it is en route to an exhibition and ending one year
from that date.  The original bill prohibited those actions while a work of
fine art is en route to or from an exhibition or in the possession of the
exhibitor or on display as part of the exhibition. 

C.S.H.B. 3081 modifies the original bill in SECTION 1 by adding Section
61.082 to prohibit 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.