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.