CHAPTER 80. OWNERSHIP, CONSERVATION, AND DISPOSITION OF PROPERTY LOANED TO MUSEUM
PROPERTY CODE
TITLE 6A. PROPERTY LOANED TO MUSEUMS
CHAPTER 80. OWNERSHIP, CONSERVATION, AND DISPOSITION OF PROPERTY
LOANED TO MUSEUM
Sec. 80.001. PURPOSES. The purposes of this chapter are to
establish the ownership of loaned cultural property that has been
abandoned by the lender, to establish uniform procedures for the
termination of loans of property to museums, to allow museums to
conserve loaned property under certain conditions, and to limit
actions to recover loaned property.
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1,
1987.
Sec. 80.002. DEFINITIONS. In this chapter:
(1) "Museum" means an institution located in this state and
operated by a nonprofit corporation or public agency, primarily
educational, scientific, or aesthetic in purpose, that owns,
borrows, or cares for and studies, archives, or exhibits
property.
(2) "Lender" means a person whose name appears on the records of
a museum as the person entitled to property held or owed by the
museum.
(3) "Loan," "loaned," and "on loan" include all deposits of
property with a museum that are not accompanied by a transfer of
title to the property.
(4) "Property" or "cultural property" means all tangible
objects, animate and inanimate, under a museum's care that have
intrinsic, scientific, historic, artistic, or cultural value.
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1,
1987.
Sec. 80.003. NOTICE TO LENDER. (a) If a museum is required to
give a lender notice under this chapter, the museum is considered
to have given the lender notice if the museum mails the notice to
the lender at the lender's address and proof of receipt is
received by the museum within 30 days after the date the notice
is mailed.
(b) If the museum does not have an address for the lender or if
proof of receipt is not received by the museum, the notice is
considered to be given if the museum publishes notice at least
once a week for two consecutive weeks in a newspaper of general
circulation in both the county in which the museum is located and
the county of the lender's address, if known.
(c) In addition to any other information prescribed by this
chapter, notices given under this chapter must contain, if known,
the lender's name, the lender's address, the date of the loan,
and the name, address, and telephone number of the appropriate
office or official to be contacted at the museum for information
regarding the loan.
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1,
1987.
Sec. 80.004. ABANDONED PROPERTY; NOTICE; TITLE TO PROPERTY. (a)
Unless there is a written unexpired loan agreement to the
contrary, any property on loan to a museum for 15 years or more
and to which no person has made claim according to the records of
the museum is considered abandoned and, notwithstanding Chapter
72, becomes the property of the museum if the museum has given
the lender notice in accordance with Section 80.003.
(b) If no valid claim has been made to the property within 65
days after the date of the last notice given under Section
80.003, title to the property vests in the museum free from all
claims of the owner and all persons claiming through or under the
owner.
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1,
1987.
Sec. 80.005. INTENT TO TERMINATE LOAN; FORM; TRANSFORMATION OF
SPECIFIED TERM TO INDEFINITE TERM. (a) A museum may give the
lender notice of the museum's intent to terminate a loan that was
made for an indefinite term or for a term in excess of seven
years. A notice of intent to terminate a loan given under this
section must comply with Section 80.003 and must include a
statement containing substantially the following information:
The records of (name of museum)
indicate that you have property on loan to it. The museum wishes
to terminate the loan. You must contact the museum, establish
your ownership of the property, and make arrangements to collect
the property. If you fail to do so within 65 days after the date
of this notice, you will be deemed to have donated the property
to the museum. See Chapter 80, Property Code.
(b) If, within 65 days after the date of the notice given under
Subsection (a), the lender fails to contact the museum, establish
ownership of the property, and make arrangements to collect the
property, the property is considered to be donated to the museum.
(c) For the purposes of this chapter, a loan for a specified
term becomes a loan for an indefinite term if the property
remains in the custody of the museum when the specified term
expires.
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1,
1987.
Sec. 80.006. CONSERVATION OR DISPOSAL OF LOANED PROPERTY;
CONDITIONS; LIEN; LIABILITY OF MUSEUM. (a) Unless there is a
written loan agreement to the contrary, a museum may apply
conservation measures to or dispose of property on loan to the
museum without a lender's permission if immediate action is
required to protect the property on loan or to protect other
property in the custody of the museum, or the property on loan
has become a hazard to the health and safety of the public or of
the museum's staff, and:
(1) the museum cannot reach the lender at the lender's last
address of record so that the museum and the lender can promptly
agree on a solution; or
(2) the lender will not agree to the protective measures the
museum recommends, yet is unwilling or unable to terminate the
loan and retrieve the property.
(b) If a museum applies conservation measures to or disposes of
property under Subsection (a), the museum:
(1) has a lien on the property and on the proceeds from any
disposition of the property for the costs incurred by the museum;
and
(2) is not liable for injury to or loss of the property if the
museum:
(A) had a reasonable belief at the time the action was taken
that the action was necessary to protect the property on loan or
other property in the custody of the museum, or that the property
on loan constituted a hazard to the health and safety of the
public or the museum's staff; and
(B) exercised reasonable care in the choice and application of
the conservation measures.
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1,
1987.
Sec. 80.007. ACTION TO RECOVER PROPERTY; LIMITATIONS. (a) The
two-year limitation on actions to recover personal property
prescribed by Section 16.003, Civil Practice and Remedies Code,
runs from the date the museum gives the lender notice of its
intent to terminate the loan under Section 80.005.
(b) No action may be brought against a museum to recover
property on loan to a museum for 15 years or more and to which no
person has made claim if the museum has complied with Section
80.004.
(c) A lender is considered to have donated loaned property to a
museum if the lender fails to file an action to recover the
property on loan to the museum within the period specified by
Subsection (a).
(d) A person who purchases property from a museum acquires valid
title to the property if the museum represents that it has
acquired title to the property under Subsection (b) or (c).
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1,
1987.
Sec. 80.008. NOTICE OF PROVISIONS OF CHAPTER; LENDER'S NOTICES.
(a) If, after August 31, 1987, a museum accepts a loan of
property for an indefinite term or for a term in excess of seven
years, the museum shall inform the lender in writing at the time
of the loan of the provisions of this chapter.
(b) The lender of property to a museum shall notify the museum
promptly in writing of any changes of address or change in
ownership of the property.
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1,
1987.