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A BILL TO BE ENTITLED
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AN ACT
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relating to the documentation required for the purchase of certain |
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timber products; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter A, Chapter 151, |
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Natural Resources Code, is amended to read as follows: |
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SUBCHAPTER A. REQUIRED DOCUMENTATION [BILL OF SALE] FOR PURCHASE OF |
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TREES AND TIMBER |
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SECTION 2. Subchapter A, Chapter 151, Natural Resources |
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Code, is amended by adding Section 151.0035 to read as follows: |
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Sec. 151.0035. DOCUMENTATION OF DELIVERY REQUIRED FOR |
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CERTAIN PURCHASES. (a) A timber purchaser, as defined by Section |
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151.101, who purchases timber on a pay-per-unit sale shall provide |
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documentation to the beneficiary described by Section 151.104 that |
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proves delivery for any product delivered to a mill, wood yard, |
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transfer yard, or storage yard. |
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(b) Documentation required under Subsection (a) must: |
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(1) include: |
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(A) a description of the delivered product; |
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(B) the name and location of the mill, wood yard, |
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transfer yard, or storage yard to which the product was delivered; |
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(C) the site identification number or scale |
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ticket number for the delivered product; |
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(D) the net weight of the delivered product; |
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(E) the name of the person delivering the |
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product; and |
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(F) the name of the person or entity receiving |
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payment for the product, if different from the person delivering |
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the product; and |
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(2) be provided on or before the 45th day after the |
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date the product is delivered. |
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SECTION 3. Section 151.004, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 151.004. NOTICE CONCERNING SALE OR PURCHASE OF TREES |
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OR TIMBER. At each designated point of delivery for trees, timber, |
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logs, pulpwood, or in-woods chips, a wood yard, transfer yard, mill |
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site, or storage yard shall post the following written notice in |
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lettering not less than one inch: |
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NOTICE CONCERNING SALE OR PURCHASE OF TREES OR TIMBER |
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1. A seller or purchaser of trees, timber, logs, pulpwood, |
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or in-woods chips who knowingly fails to provide, obtain, or |
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retain a bill of sale as provided in Chapter 151, Natural |
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Resources Code, is guilty of a misdemeanor and on conviction |
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is subject to a fine of not more than $500 for each offense. |
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2. A person, firm, partnership, or corporation adjudged |
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guilty of theft or fraud in connection with the sale or |
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purchase of trees or timber will be punished as provided by |
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the Penal Code. |
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3. A timber purchaser who knowingly fails to provide |
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documentation as required by Section 151.0035, Natural |
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Resources Code, or a timber purchaser or person acting on |
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behalf of a timber purchaser who knowingly provides false |
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information in documentation required by that section will be |
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punished as provided by Section 151.005, Natural Resources |
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Code. |
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4. The Texas Forest Service Timber Theft Hotline is |
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1-800-364-3470. |
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SECTION 4. Section 151.005, Natural Resources Code, is |
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amended by adding Subsections (c) and (d) to read as follows: |
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(c) A timber purchaser, as defined by Section 151.101, who |
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knowingly fails to provide the documentation required by Section |
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151.0035 in the manner provided by that section is guilty of a |
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misdemeanor and on conviction is subject to a fine of not more than |
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$500 for each offense. |
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(d) Except as otherwise provided by this section, a timber |
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purchaser, as defined by Section 151.101, or a firm, partnership, |
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or agent acting on behalf of a timber purchaser, who knowingly |
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provides false information in documentation required by Section |
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151.0035 is guilty of a misdemeanor and on conviction is subject to |
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a fine of not more than $500 for each offense. If an offense |
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described by this subsection was committed to conceal or to attempt |
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to conceal an offense under Section 151.052 or 151.105, the offense |
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under this subsection is: |
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(1) a state jail felony if it is shown on the trial of |
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the offense that the value of the timber purchased is at least $500 |
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but less than $20,000; |
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(2) a felony of the third degree if it is shown on the |
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trial of the offense that the value of the timber purchased is at |
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least $20,000 but less than $100,000; |
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(3) a felony of the second degree if it is shown on the |
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trial of the offense that the value of the timber purchased is at |
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least $100,000 but less than $200,000; or |
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(4) a felony of the first degree if it is shown on the |
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trial of the offense that the value of the timber purchased is at |
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least $200,000. |
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SECTION 5. This Act takes effect September 1, 2023. |