CHAPTER 80. OWNERSHIP, CONSERVATION, AND DISPOSITION OF PROPERTY LOANED TO MUSEUM

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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.

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.

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.

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.

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