CHAPTER 2101. CONSIGNMENT OF ART WORKS
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.