SRC-SLL H.B. 1128 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1128
By: Kamel (Ogden)
Jurisprudence
5-8-97
Engrossed


DIGEST 

Timber is the number one agriculture commodity in the eastern part of
Texas.  Over 500,000 acres in this region are harvested each year at a
value of almost $900 million.  Roughly 7.2 million acres of East Texas
timberland are owned by non-industrial private landowners, many of which
are absentee landowners.  Absentee landowners coupled with high timber
prices make the forests in East Texas a target for timber thieves.  The
Texas Forest Service estimates timberland owners have lost millions of
dollars worth of trees to thieves.  This bill will provide regulations
regarding the harvesting of and payment for timber; provide for damages;
and create an offense. 

PURPOSE

As proposed, H.B. 1128 provides regulations regarding the harvesting of
and payment for timber; provides for damages; and creates an offense. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 151, Natural Resources Code, by adding
Subchapters C and D, as follows: 

SUBCHAPTER C.  UNAUTHORIZED HARVESTING OF TIMBER

Sec.  151.101.  DAMAGES FOR UNAUTHORIZED HARVESTING.  Provides that a
person who harvests standing timber with knowledge that the harvesting is
without the permission of the owner of the standing timber and a person
who causes another person to harvest standing timber without the
permission of the owner of the standing timber are jointly and severally
liable to the owner for damages in an amount equal to three times the
market price of the timber harvested without permission.  Provides that
payment of damages by a person under this section does not preclude a
prosecution of the person under Section 151.045.  Provides that this
section does not apply to the trimming or clearing of trees in the
vicinity of a utility line or right-of-way. 

SUBCHAPTER D.  PAYMENT FOR TIMBER PURCHASED

Sec.  151.151.  DEFINITION.  Defines "timber purchaser."

Sec.  151.152.  MONEY COLLECTED FOR TIMBER AS TRUST MONEY.  Provides that
money a timber purchaser collects for harvested timber is trust money. 

Sec.  151.153.  TIMBER PURCHASER AS TRUSTEE.  Provides that a timber
purchaser and each officer, director, partner, or agent of a timber
purchaser are trustees of trust money. 

Sec.  151.154.  BENEFICIARY OF TRUST.  Provides that each seller of
standing timber is a beneficiary of trust money to the extent of the
beneficiary's share of the purchase price for the timber. 
 
Sec.  151.155.  OFFENSE.  Sets forth actions by a trustee which are
offenses.  Provides that an offense under this section is a state jail
felony. 

Sec.  151.156.  DEFENSES TO PROSECUTION.  Sets forth affirmative defenses
to prosecution under this section. 

Sec.  151.157.  ELECTION OF OFFENSES.  Authorizes the state, if conduct
constituting an offense under Section 151.155 is an offense under another
law of this state, to elect the offense for which it prosecutes the
trustee. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.