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Texas Laws | Property Code

(1) in the course of a judicial proceeding authorized by this chapter in which the holder is a party; or (5826)

(2) under an agreement with another state allowing joint audits or the exchange of information obtained under this section. (5827)

Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997. (5828)

Sec. 76.703. ADDITIONAL PERSONNEL. (5829)(Text)

(a) The treasurer of the holder and the attorney for the holder may employ, in the office of either person, additional personnel necessary to enforce this chapter. (5830)

(b) The salary rate of additional personnel may not exceed the rate paid to other employees of the holder for similar services. (5831)

(c) The salaries of additional personnel shall be paid in accordance with Section 76.602. (5832)

(d) The provisions of this section are subject to the budgetary procedures adopted by the governing body of the holder. (5833)

Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997. (5834)

Sec. 76.704. OFFENSE. (5835)(Text)

(a) A person commits an offense if the person: (5836)

(1) wilfully fails to file a report required by this chapter; (5837)

(2) refuses to permit examination of records in accordance with this chapter; (5838)

(3) makes a deduction from or a service charge against a dormant account or dormant deposit of funds; or (5839)

(4) violates any other provision of this chapter. (5840)

(b) An offense under this section is punishable by: (5841)

(1) a fine of not less than $500 or more than $1,000; (5842)

(2) confinement in jail for a term not to exceed six months; or (5843)

(3) both the fine and confinement. (5844)

(c) In addition to a criminal penalty, a person who commits an offense under Subsection (a) is subject to a civil penalty not to exceed $100 for each day of the violation. The attorney for the holder shall collect the civil penalty by bringing suit in a district court of the county in which the holder is located. (5845)

Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997. (5846)



Sec. 80.001. PURPOSES. (5849)(Text)

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. (5850)

Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1, 1987. (5851)

Sec. 80.002. DEFINITIONS. (5852)(Text)

In this chapter: (5853)

(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. (5854)

(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. (5855)

(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. (5856)

(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. (5857)

Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1, 1987. (5858)

Sec. 80.003. NOTICE TO LENDER. (5859)(Text)

(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. (5860)

(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. (5861)

(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. (5862)

Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1, 1987. (5863)


(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. (5865)

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