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.