76R11329 DAK-D
By Telford H.B. No. 3081
Substitute the following for H.B. No. 3081:
By Bosse C.S.H.B. No. 3081
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the seizure of a work of fine art.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 61, Civil Practice and Remedies Code, is
1-5 amended by adding Subchapter E to read as follows:
1-6 SUBCHAPTER E. WORKS OF FINE ART
1-7 Sec. 61.081. ONE-YEAR EXEMPTION FOR EXHIBITION. (a) A
1-8 court may not issue and a person may not serve any process of
1-9 attachment, execution, sequestration, replevin, or distress, or of
1-10 any kind of seizure, levy, or sale on a work of fine art for a
1-11 period:
1-12 (1) beginning on the date that it is en route to an
1-13 exhibition; and
1-14 (2) ending on the first anniversary of the date in
1-15 Subdivision (1).
1-16 (b) In this section, "exhibition" means an exhibition:
1-17 (1) held under the auspices or supervision of:
1-18 (A) a museum;
1-19 (B) a public or private institution of higher
1-20 education; or
1-21 (C) a nonprofit art gallery or other
1-22 organization or institution;
1-23 (2) held for a cultural, educational, or charitable
1-24 purpose; and
2-1 (3) not held for the profit of the exhibitor.
2-2 Sec. 61.082. HANDLING AND TRANSPORTATION. A court may not
2-3 issue any process of attachment, execution, sequestration,
2-4 replevin, or distress, or of any kind of seizure, levy, or sale on
2-5 a work of fine art unless the court requires, as part of the order
2-6 authorizing the process, that the work of fine art is handled and
2-7 transported in a manner that complies with the accepted standards
2-8 of the artistic community for works of fine art, including, if
2-9 appropriate, measures relating to the maintenance of proper
2-10 environmental conditions, proper maintenance, security, and
2-11 insurance coverage.
2-12 SECTION 2. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.