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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 77(R)

HOUSE BILL 2246

HOUSE AUTHOR: D. Ellis et al.

EFFECTIVE: 9-1-01

SENATE SPONSOR: Staples

            House Bill 2246, a measure to combat timber theft, amends the Natural Resources Code to make bill of sale requirements applicable uniformly to trees, timber, logs, pulpwood, and in-woods chips. The requirements are not applicable to the sale of trees, logs, or pulpwood with a commercial value of less than $250; logs or pulpwood from a wood yard, transfer yard, mill site, or storage yard; finished wood products; or trees from a nursery. The bill deletes provisions relating to the branding of floated or rafted logs or timber and provisions allowing a statement in lieu of a bill of sale for staves and crossties. It defines alternatives for the form of a bill of sale and revises bill of sale content specifications. A purchaser must retain the bill of sale for not less than two years. The bill requires that a notice be posted at specified delivery points that highlights the threat of punishment for theft or fraud, emphasizes bill of sale requirements and the penalty for their violation, and provides the Texas Forest Service Timber Theft Hotline number. The new penalty for failure to satisfy bill of sale requirements is a fine of not more than $500 for each offense. Failure to post the written notice is a misdemeanor subject to a fine in the same amount.