Texas Senate Bill SB584

Texas 2011 - 82nd Regular

• Introduced: 2/10/11
• Refer: 2/17/11

Caption

Relating to the unauthorized harvesting of standing timber; providing for the imposition of a criminal penalty.

Impact

The implementation of SB584 is expected to significantly strengthen the rights of property owners regarding their timber resources. By enforcing criminal penalties for unauthorized harvesting, the bill aims to deter such activities, which have financial implications for timber owners and the state's natural resources. The increased liability for offenders could also have ramifications for enforcement practices, as property owners may be more incentivized to report incidents due to the potential for legal recourse and damages.

Summary

SB584 addresses the unauthorized harvesting of standing timber in Texas. The bill amends existing statutes to impose penalties on individuals who harvest timber without the permission of the owners. It specifies that both the unauthorized harvester and anyone who facilitates the unauthorized activity can be jointly liable for damages to the timber owner, calculated as the mill price of the timber plus other related expenses. The bill also establishes a framework for criminal penalties based on the value of the timber involved in the offense, ranging from state jail felonies to first-degree felonies depending on the value tiers set forth.

Sentiment

General sentiment towards SB584 has shown support from property owners and stakeholders who are concerned about the safeguarding of natural resources. Proponents argue that the bill is a necessary measure to protect property rights and preserve the value of timber resources. However, some concerns have been raised regarding the adequacy of enforcement mechanisms and the potential for unintended consequences that might arise from harsher penalties, particularly for small-scale harvesters who may lack legal knowledge of property boundaries.

Contention

Notable points of contention include discussions around the balance between protecting owners' rights and ensuring fair access to timber resources for local harvesters. There were differing opinions on whether the penalties established by the bill might be excessive or deter legitimate harvesting practices. Stakeholders have expressed the need for clarity in the definitions of unauthorized harvesting and the implications for law enforcement, as misunderstanding these aspects could lead to conflicts or misapplication of the law.