HBA-KDB C.S.H.B. 2246 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2246
By: Ellis, Dan
Agriculture & Livestock
4/12/2001
Committee Report (Substituted)



BACKGROUND 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officials because of the potentially outdated language regarding timber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.  C.S.H.B. 2246 requires landowners and sellers to
provide a bill of sale each time timber changes ownership and establishes
penalties.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2246 amends the Natural Resources Code to delete provisions
relating to branding and floating timber, and modifies and updates
provisions relating to the bill of sale for purchase of trees and timber.
The bill requires the bill of sale, which may be filed of record in the
appropriate real property records, to include representations and a
warranty from the seller, the name of the owner of the land from which the
trees, timber, logs, pulpwood, or in-woods chips (wood products) were or
are to be obtained, and the name of the county in which the wood products
were or are to be obtained.  The bill authorizes and entitles the purchaser
of the wood products conveyed in the bill of sale 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. 151.002).  The bill requires the person that purchases the
wood products 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 (Sec. 151.003).  The bill
requires a wood yard, transfer yard, mill site, or storage yard, at
specified points of delivery, to post written notice concerning the sale or
purchase of trees or timber (Sec. 151.004).  The bill provides that a
seller or purchaser who knowingly fails to provide, obtain, or retain a
bill of sale is subject to a fine of not more than $500 for each offense.
The bill provides that a wood yard, transfer yard, mill site, or storage
yard that knowingly fails to post the notice concerning the sale of trees
or timber is guilty of a misdemeanor and on conviction is subject to a fine
of not more than $500 for each offense (Sec. 151.005).The bill sets forth
provisions regarding cumulative penalties and civil liability (Secs.
151.007 and 151.008). 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2246 modifies the original bill by requiring a seller, rather than
a person, to provide and  a purchaser to require a bill of sale for  trees,
timber, logs, pulpwood, or in-woods chips (wood products) (Sec. 151.001).
The substitute specifies that the bill of sale may be filed of record in
the appropriate real property records.  The substitute modifies the
original bill by requiring the bill of sale to include representations from
a seller and the name of the county from which the wood products were or
are to be  obtained.  The substitute removes from the bill of sale the
requirement for the address of the owner of the land from which the wood
products were or are to be obtained.  The substitute authorizes and
entitles the purchaser of the wood products 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.
151.002).  The substitute modifies the notice concerning the sale or
purchase of trees or timber (notice) in the original bill by providing that
a person, firm, partnership, or corporation adjudged guilty of theft in
connection with the sale or purchase of trees or timber will be punished as
provided by the Penal Code, rather than by up to life in prison and a fine
not to exceed $10,000.  The substitute modifies the notice by providing
that a person, firm, partnership, or corporation adjudged guilty of fraud
in connection with the sale or purchase of trees or timber will be punished
as provided by the Penal Code, rather than may be punished by up to two
years of confinement in state jail and a fine not to exceed $10,000 (Sec
151.004). The substitute provides that the Act does not apply to trees from
a nursery or trees, logs, or pulpwood with a commercial value of less than
$250, in addition to finished wood products and logs or pulpwood from a
wood yard, transfer yard, mill site, or storage yard (Sec. 151.006).  The
substitute modifies provisions relating to civil liability (Sec. 151.008).