By Kamel                                        H.B. No. 1128

      75R5670 SMH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the harvesting and possession of timber and to

 1-3     discouraging the theft of timber; providing for damages; increasing

 1-4     a criminal penalty.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 151.045, Natural Resources Code, is

 1-7     amended to read as follows:

 1-8           Sec. 151.045. PENALTY.  (a)  A seller commits an offense if

 1-9     the seller [or purchaser who] fails to give [see that] a bill of

1-10     sale [is given] in a sale as provided for in this subchapter.

1-11           (b)  A[, or a] purchaser commits an offense if the purchaser:

1-12                 (1)  [who] does not secure a bill of sale; and

1-13                 (2)  fails to file the statement required by Section

1-14     151.044.

1-15           (c)  An offense under this section is a third degree felony

1-16     [of this code, is guilty of a misdemeanor and on conviction is

1-17     subject to a fine of not more than $100 or confinement for not more

1-18     than 30 days in the county jail, or both].

1-19           SECTION 2.  Chapter 151, Natural Resources Code, is amended

1-20     by adding Subchapter C to read as follows:

1-21              SUBCHAPTER C.  UNAUTHORIZED HARVESTING OF TIMBER

1-22           Sec. 151.101.  DAMAGES FOR UNAUTHORIZED HARVESTING.  (a)  A

1-23     person who harvests standing timber with knowledge that the

1-24     harvesting is without the permission of the owner of the standing

 2-1     timber and a person who causes another person to harvest standing

 2-2     timber without the permission of the owner of the standing timber

 2-3     are jointly and severally liable to the owner for damages in an

 2-4     amount equal to three times the market price of the timber

 2-5     harvested without permission.

 2-6           (b)  Payment of damages by a person under this section does

 2-7     not preclude a prosecution of the person under Section 151.045.

 2-8           SECTION 3.  (a)  The change in law made by Section 1 of this

 2-9     Act applies only to an offense committed on or after the effective

2-10     date of this Act.  For purposes of this section, the offense is

2-11     committed before the effective date of this Act if any element of

2-12     the offense occurs before that date.

2-13           (b)  An offense committed before the effective date of this

2-14     Act is covered by the law in effect when the offense was committed,

2-15     and the former law is continued in effect for that purpose.

2-16           SECTION 4.  This Act takes effect September 1, 1997.

2-17           SECTION 5.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended.