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.