SRC-SLL S.B. 1402 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1402
By: Moncrief
Jurisprudence
4-3-97
As Filed


DIGEST 

Currently, although artists do have certain common law rights and
protections guaranteed to them for works of art they create, there is no
comprehensive civil penalty to protect works of art and the rights of
artists.  This bill will provide for the protection of works of art and
provide attribution rights to an artist. 

PURPOSE

As proposed, S.B. 1402 provides for the protection of works of art and
provides attribution rights to an artist. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 6, Civil Practice and Remedies Code, by adding
Chapter 139, as follows: 

CHAPTER 139.  PROTECTION AND ATTRIBUTION RIGHTS OF ARTIST

Sec.  139.001.  DEFINITIONS.  Defines "alteration," "artist," and "work of
fine art." 

Sec.  139.002.  DETERMINATION OF RECOGNIZED QUALITY.  Sets forth persons
to whom a trier of fact shall rely for determining whether a work of fine
art is of recognized quality. 

Sec.  139.003.  INTENTIONAL ALTERATION OR DESTRUCTION OF WORKS OF ART
PROHIBITED.  Prohibits a person from intentionally committing or
authorizing the intentional commission of the alteration or destruction of
a work of fine art.  Provides that this section does not apply to the
intentional alteration or destruction of a work or fine art created,
owned, and possessed by the artist. 

Sec.  139.004.  NEGLIGENT ALTERATION OF DESTRUCTION OF WORKS OF ART
PROHIBITED.  Sets forth regulations regarding the negligent alteration or
destruction of a work of fine art.  Defines "conserve," "frame," and
"restore." 

Sec.  139.005.  ATTRIBUTION RIGHTS.  Sets forth the attribution rights
retained by an artist. 

Sec.  139.006.  REMOVAL OF FINE ART FROM BUILDING.  Sets forth regulations
regarding the alteration or destruction of a work of fine art during the
removal of the work from a building. 

Sec.  139.007.  DEMOLITION OF BUILDING HOUSING FINE ART.  Sets forth
regulations regarding the intentional alteration or destruction of a work
of fine art resulting from the demolition of the building containing the
work. 
 
Sec.  139.008.  REMEDIES.  Sets forth the remedies available to an artist
to enforce this chapter.  Defines "artist." 

Sec.  139.009.  LIMITATIONS PERIOD.  Sets forth the time period in which a
person is required to bring suit under this chapter. 

Sec.  139.010.  DURATION OF RIGHT.  Sets forth the duration of the rights
of an artist established by this chapter. 


Sec.  139.011.  RIGHTS ADDITIONAL.  Provides that the rights of an artist
established by this chapter are in addition to any other rights the artist
possesses in a work of fine art created by the artist and do not impair
any common law rights or remedies that may be available to the artist. 

SECTION 2. (a)  Makes application of this Act prospective as to the
alteration of destruction of a work of fine art. 

(b)  Makes application of this Act prospective as to the attribution
rights in a work of fine art. 

(c)  Defines "alteration" and "work of fine art."

SECTION 3. Emergency clause.
  Effective date: upon passage.