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


Office of House Bill AnalysisH.B. 3081
By: Telford
Civil Practices
3/22/1999
Introduced



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 or from an
exhibition, or in the possession of the exhibitor or on display as part of
the exhibition. 

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 FROM 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 or
from an exhibition, or in the possession of the exhibitor or on display as
part of the exhibition. 

(b) Defines "exhibition."

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