AEZ C.S.H.B. 1128 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.H.B. 1128
By: Kamel
4-9-97
Committee Report (Substituted)



BACKGROUND 

Timber is the number one agricultural 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.  The forest industry is the leading source
of manufacturing employment in East Texas.  Roughly 7.2 million acres of
East Texas timberland are owned by non-industrial private landowners, many
of which are absentee landowners.  Absentee landownership coupled with
relatively high timber prices make the forests in East Texas a prime
target for timber thieves.  The Texas Forest Service estimates timberland
owners have lost millions of dollars worth of trees to thieves. 

PURPOSE

CSHB 1128 amends Chapter 51 of the Natural Resources Code to address the
unauthorized harvesting of timber, provides for money collected for
harvested timber to be placed in a trust, and provides for punishment for
violations. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1:Amends Chapter 151, Natural Resources Code by:

By adding language creating Subchapter C, UNAUTHORIZED HARVESTING OF
TIMBER, Sec. 151.101 which provides for treble damages for timber which
has been harvested without authorization.  Payment of damages by a person
under this section does not preclude a prosecution of the person under
Section 151.045. 

By adding language creating Subchapter D, PAYMENT FOR TIMBER PURCHASED,
which defines "timber purchase."  Provides that money collected for
harvested timber is trust money; designates who can be a trustee of the
trust money and who can be a beneficiary of the trust; provides punishment
for violating this section as a state jail felony;  provides for defenses
to prosection; and provides for election of offenses. 

SECTION 2: Effective date: September 1, 1997

SECTION 3: Emergency clause

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill amended Sec. 151.045 Natural Resources Code, PENALTY, to
increase the penalty for failing to give or secure a bill of sale or
failing to file the statement required to a third degree felony.  The
substitute requires under new Sec. 151.155, OFFENSE, that an offense under
this section is a state jail felony.