2005 Texas Property Code 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


	§ 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, § 1, eff. Sept. 1, 1987.          


	§ 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, § 1, eff. Sept. 1, 1987.          


	§ 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, § 1, eff. Sept. 1, 1987.          


	§ 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, § 1, eff. Sept. 1, 1987.          


	§ 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, § 1, eff. Sept. 1, 1987.          


	§ 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, § 1, eff. Sept. 1, 1987.          


	§ 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, § 1, eff. Sept. 1, 1987.          


	§ 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, § 1, eff. Sept. 1, 1987.