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.