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.