Texas Law on 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

§ 2101.001. Short Title
§ 2101.002. Definitions
§ 2101.003. Consigned Art Exempt From Certain Liens Or Claims
§ 2101.004. Consigned Sound Recordings Exempt From Certain Liens Or Claims

§ 2101.001. Short Title

This chapter may be cited as the Artists' Consignment Act.
Cite as Tex. Occ. Code § 2101.001

§ 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.

Cite as Tex. Occ. Code § 2101.002

§ 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.

Cite as Tex. Occ. Code § 2101.003

§ 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.

Cite as Tex. Occ. Code § 2101.004