AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The current statute has been useful; however, some confusion exists because the penalties for theft in the Natural Resources Code do not reflect those in the Penal Code. Under current language, a trustee can only be charged with a state jail felony. It does not matter if the value of timber was $500 or $500,000.
As proposed, S.B. 583 amends current law relating to the criminal penalty for failure of a trustee to pay the beneficiaries of the trust the purchase price for timber sold by the trustee.
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 Section 151.105(d), Natural Resources Code, as follows:
(d) Provides that an offense under this section is:
(1) a state jail felony if it is shown on the trial of the offense that the value of the timber sold is at least $500 but less than $20,000;
(2) a felony of the third degree if it is shown on the trial of the offense that the value of the timber sold is at least $20,000 but less than $100,000;
(3) a felony of the second degree if it is shown on the trial of the offense that the value of the timber sold is at least $100,000 but less than $200,000; or
(4) a felony of the first degree if it is shown on the trial of the offense that the value of the timber sold is at least $200,000.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2011.