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.