John S O'Brien, Director, Legislative Budget Board
IN RE:
SB583 by Nichols (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.), As Introduced
The bill would amend the Natural Resources Code as it relates to failure of a trustee to pay the beneficiaries of the trust the purchase price for timber sold by the trustee. Under current statute, the offense identified in the bill is punishable as a state jail felony. Under the provisions of the bill, punishment options would increase in severity based on the value of the timber sold. The offense would be punishable as a state jail felony if it is shown at the trial of the offense that the value of the timber sold is at least $500 but less than $20,000; punishable as a third degree felony if it is shown at the trial of the offense that the value of the timber sold is at least $20,000 but less than $100,000; punishable as a second degree felony if it is shown at the trial of the offense that the value of the timber sold is at least $100,000 but less than $200,000; and punishable as a first degree felony if it is shown at the trial of the offense that the value of the timber sold is at least $200,000.
A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision).
A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.
A felony of the second degree is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000.
A felony of the first degree is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000.
A review of Texas Department of Criminal Justice records, Department of Public Safety records, Office of Court Administration records, and Jail Standards Commission records did not reveal any information that would help in an accurate assumption regarding the failure of a trustee to pay the beneficiaries of the trust the purchase price for timber sold by the trustee. It is expected that individuals who would be affected under the provisions of this bill are currently being sentenced for other offenses.