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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of intentional unauthorized harvesting of |
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timber, providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 151.005, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 151.051. DAMAGES FOR UNAUTHORIZED HARVESTING. (a) A |
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person who harvests standing timber with knowledge that the |
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harvesting is without the permission of the owner of the standing |
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timber and a person who causes another person to harvest standing |
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timber without the permission of the owner of the standing timber |
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are jointly and severally liable to the owner for damages in an |
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amount equal to three times the market price of the timber harvested |
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without permission. |
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(b) Payment of damages by a person under this section does |
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not preclude a prosecution of the person under Section 151.005 or |
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under Section 151.052. |
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(c) This section does not apply to the trimming or clearing |
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of trees in the vicinity of a utility line or right-of-way. |
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SECTION 2. Chapter 151, Natural Resources Code, is amended |
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by adding Section 151.052 to read as follows: |
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Section 151.052. Criminal Offense of Intentional |
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Unauthorized Harvesting. (a) A person commits an offense if the |
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person harvests, or directs another person to harvest, standing |
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timber with a total market value of at least $500 with the |
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knowledge that the harvesting is without permission of the owner of |
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the standing timber. |
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(b) An offense under this section is: |
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(1) a state jail felony if the value of the timber |
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harvested without permission is at least $500 but not more than |
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$20,000. |
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(2) a felony of the third degree if the value of the |
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timber harvested without permission is at least $20,000 but not |
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more than $100,000. |
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(3) a felony of the second degree if the value of the |
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timber harvested without permission is $100,000 or more. |
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SECTION 3. This Act takes effect September 1, 2011. |