SRC-JBJ H.B. 3081 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3081
76R11329 DAK-DBy: Telford (Lindsay)
Jurisprudence
5/7/1999
Engrossed


DIGEST 

In February 1998, a court issued a writ of execution to seize artwork on
display at a Houston museum. Although the dispute underlying the writ did
not directly involve the museum, the delay in releasing the artwork
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 would prohibit a court from issuing and a person
from serving certain processes and seizures on fine art for a certain
period surrounding the exhibition date.  In addition, H.B. 3081 would
prohibit the court from issuing the processes and seizures without
providing for the handling and transportation of the artwork in a manner
that complies with accepted standards. 

PURPOSE

As proposed, H.B. 3081 establishes certain regulations regarding courts
issuing processes or ordering seizures of fine artwork. 

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 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.  Prohibits a court from
issuing and a person from serving certain processes or seizures on a work
of fine art for certain periods of time.  Defines "exhibition." 

Sec. 61.082.  HANDLING AND TRANSPORTATION.  Prohibits a court from issuing
any process or seizure on a work of fine art unless the court requires that
the work of art be handled and transported in a manner that complies with
the accepted standards of the artistic community for works of fine art. 

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