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


Senate Research CenterC.S.H.B. 3081
By: Telford (Lindsay)
Jurisprudence
5/11/1999
Committee Report (Substituted)


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.  C.S.H.B. 3081 would prohibit a court from issuing and a
person from serving certain processes and seizures on fine art under
certain circumstances.  

PURPOSE

As proposed, C.S.H.B. 3081 establishes certain regulations regarding courts
issuing processes or ordering seizures of fine artwork when en route to or
in an exhibition. 

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 while en route to an exhibition or in the possession of the
exhibitor or on display at a museum.  Sets forth when the restrictions do
and do not apply in Subsection (a).  Requires a court in issuing the
process to require the server to give notice of not less than seven days to
the exhibitor of the intent to serve.  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.

SUMMARY OF COMMITTEE CHANGES

Relating clause.

Amends the clause to relate to the prevention of the seizure of a work of
fine art when en route to or in an exhibition, rather than relating only to
the prevention of the seizure of a work of fine art. 

SECTION 1.

Amends proposed Chapter 61E, Civil Practice and Remedies Code, to make the
prohibition subject to the limitations of this section; to make the
prohibition against a work of fine art while it is in the possession of the
exhibitor or on display; to establish when the restriction does and does
not apply; to require a court to require the server to offer seven days
advance notice of the process; and to redefine "exhibition."