CHAPTER 2101. CONSIGNMENT OF ART WORKS - Texas Statutes

OCCUPATIONS CODE

TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT

SUBTITLE C. ARTS AND MUSIC

CHAPTER 2101. CONSIGNMENT OF ART WORKS

Sec. 2101.001. SHORT TITLE. This chapter may be cited as the

Artists' Consignment Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2101.002. DEFINITIONS. In this chapter:

(1) "Art" means a commonly recognized art form, including a

painting, sound recording of a musical performance, sculpture,

drawing, work of graphic art, pottery, weaving, batik, macrame,

or quilt.

(2) "Art dealer" means a person in the business of selling works

of art.

(3) "Artist" means the creator of a work of art or, if the

creator is dead, the creator's estate.

(4) "Creditor" has the meaning assigned by Section 1.201,

Business & Commerce Code.

(5) "Person" means an individual, partnership, corporation, or

association.

(6) "Recording distributor" means a person who acquires a sound

recording and sells the sound recording to another person for use

or resale.

(7) "Sound recording" means a tangible medium on which music or

other sounds are recorded or otherwise stored, including a

phonograph record, disc, tape, cassette, or other medium now

existing or developed later on which music or other sounds are or

can be recorded or otherwise stored or a copy or reproduction

that duplicates in whole or in part the original. The term does

not include a medium on which the primary recorded information is

information other than music or other sound, such as a motion

picture or computer program, and that contains recorded sound as

an integrated part of the primary recorded information.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

233, Sec. 1, eff. May 27, 2005.

Sec. 2101.003. CONSIGNED ART EXEMPT FROM CERTAIN LIENS OR

CLAIMS. (a) Notwithstanding any provision of the Business &

Commerce Code, a work of art delivered to an art dealer for

exhibition or sale and the proceeds from the dealer's sale of the

work of art are not subject to a claim, lien, or security

interest of a creditor of the dealer.

(b) This section applies to the proceeds of a sale of a work of

art regardless of whether the art dealer or another person

purchased the work.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2101.004. CONSIGNED SOUND RECORDINGS EXEMPT FROM CERTAIN

LIENS OR CLAIMS. (a) Notwithstanding any provision of the

Business & Commerce Code, a sound recording delivered by the

artist who produced the music or other sound on the recording to

a recording distributor for sale and the proceeds from the

recording distributor's sale of the sound recording are not

subject to a claim, lien, or security interest of a creditor of

the recording distributor.

(b) Except as provided by Subsection (c), this section applies

to the proceeds of a sale of a sound recording regardless of

whether the recording distributor or another person purchased the

recording.

(c) This section does not apply to the proceeds of a sale of a

sound recording if the artist delivered the recording to the

recording distributor pursuant to a sale for which the artist has

been paid in full.

Added by Acts 2005, 79th Leg., Ch.

233, Sec. 2, eff. May 27, 2005.