SRC-MWN H.B. 2246 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2246
77R12185 MI-DBy: Ellis, Dan (Staples)
Natural Resources
5/5/2001
Engrossed


DIGEST AND PURPOSE 

Investigating the crime of timber theft is challenging for law enforcement
officials because of the potentially outdated language regarding timber
harvesting. A paper trail of ownership of timber may ease the burden of
investigating this crime. H.B. 2246 requires landowners and sellers to
provide a bill of sale each time timber changes ownership and establishes
penalties.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 151, Natural Resources Code, as follows:

CHAPTER 151.  PROVISIONS GENERALLY APPLICABLE

SUBCHAPTER A.  BILL OF SALE FOR PURCHASE OF TREES AND TIMBER

Deletes Sections 151.001-151.007.  Redesignates Sections 151.041-151.046 as
Sections 151.001151.006. 

Sec. 151.001. REQUIRED BILL OF SALE. Requires a seller, rather than a
person, firm, partnership, or corporation, before purchasing or accepting
delivery of any trees, timber, logs, pulpwood, or in-wood chips, to provide
and a purchaser to require a bill of sale for the trees, timber, logs,
pulpwood, or in-wood chips executed by the seller. Deletes text regarding
in the manner required by law for registration. Makes conforming changes.
Authorizes the bill of sale to be a part of, a compilation of information
taken from, or an addendum to, by way of example, a timber deed, scale
ticket, weight ticket, cutting contract, harvest agreement, wood purchase
agreement, or other records of the sale and purchase made at the time if
all the information required by Section 151.002 is included. 

Sec. 151.002. INFORMATION IN BILL OF SALE. (a) Requires the bill of sale,
which may be filed of record in the appropriate real property records, to
at a minimum include certain information. 

(b)  Authorizes the purchaser of trees, timber, logs, pulpwood, or in-woods
chips conveyed in the bill  of sale to, and provides that the purchaser is
entitled to, rely on the information required to be provided by the seller
to be incorporated into the bill of sale, as well as on the representations
and warranty of the seller. 

Sec. 151.003. New heading: RETENTION OF BILL OF SALE. Requires a person
that purchases trees, timber, logs, pulpwood, or in-woods chips to retain
the bill of sale for not less than two years following the later of the
date of execution of the bill of sale or the expiration  date referenced in
the bill of sale. Deletes text regarding notarial fees in connection with
the bill of sale. 

Sec. 151.004. New heading: NOTICE CONCERNING SALE OR PURCHASE OF TREES OR
TIMBER.  Requires, at each designated point of delivery for trees, timber,
logs, pulpwood, or in-woods chips, a wood yard, transfer yard, mill site,
or storage yard to post a certain written notice in lettering not less than
one inch. Deletes text regarding a purchaser of staves or crossties. 

Sec. 151.005. PENALTY. (a) Provides that a seller or purchaser who
knowingly fails to provide, obtain, or retain a bill of sale as required by
Sections 151.001, 151.002, and 151.003 is guilty of a misdemeanor and on
conviction is subject to a fine of not more than $500 for each offense.
Deletes text regarding sale. Deletes text regarding securing a bill of
sale. Deletes text regarding $100 or confinement. 

(b)  Provides that a wood yard, transfer yard, mill site, or storage yard
that knowingly fails to post the notice concerning sale or purchase of
trees or timber as required by Section 151.004 is guilty of a misdemeanor
and on conviction is subject to a fine of not more than $500 for each
offense. 

Sec. 151.006. APPLICABILITY. Provides that this subchapter does not apply
to certain criteria. 

 Sec. 151.007.  PENALTIES CUMULATIVE. Provides that a penalty provided by
this subchapter is in addition to a penalty provided under other law. 

Sec. 151.008.  CIVIL LIABILITY. Requires nothing in this subchapter to be
construed to affect the liability under any other statute or under common
law, provided that failure to comply with the provisions of this subchapter
does not, by itself, create civil liability. 

New heading: SUBCHAPTER B. UNAUTHORIZED HARVESTING OF TIMBER

 Sec. 151.051. Redesignates section as 151.051.

 New heading: SUBCHAPTER C.  PAYMENT FOR TIMBER PURCHASED

Redesignates Sections 151.151-151.157 as Sections 151.101-151.106.

Sec. 151.107. Redesignates Section 151.157 as 151.107. ELECTION OF
OFFENSES. Authorizes, the state, if conduct constituting an offense under
Section 151.105, rather than 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, 2001.