Texas House Bill HB612

Texas 2011 - 82nd Regular

• Introduced: 1/12/11
• Out of House Committee: 3/11/11
• Voted on by House: 3/31/11
• Refer: 2/18/11
• Out of Senate Committee: 4/13/11
• Report Pass: 3/8/11
• Voted on by Senate: 4/21/11
• Engrossed: 3/31/11
• Governor Action: 5/9/11
• Refer: 4/7/11
• Report Pass: 4/13/11
• Enrolled: 4/25/11
• Passed: 5/9/11

Caption

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.

Impact

The change in law introduced by HB612 will only apply to offenses committed after the effective date, which is set for September 1, 2011. This stipulation indicates that any violations occurring before this date will be governed by existing laws at that time. This temporal limitation protects individuals from sudden changes in legal repercussions, while also allowing for stricter penalties for future offenses, thereby reinforcing the obligation of trustees to fulfill their financial duties to beneficiaries promptly.

Summary

House Bill 612 aims to amend the Texas Natural Resources Code concerning the criminal penalties for trustees who fail to pay beneficiaries the purchase price for timber sold. The bill specifies varying degrees of felony charges based on the value of the timber sold, introducing a framework that classifies offenses from state jail felonies to first-degree felonies depending on the timber's value. This structured approach seeks to enhance accountability for trustees and ensure that beneficiaries receive fair compensation for timber transactions.

Contention

Notable points of contention surrounding the bill may involve discussions about the balance between trustee responsibilities and the protection of beneficiaries’ rights. It raises questions about the threshold for criminal charges, which may be debated among legislators. Proponents may argue that this legislation is necessary to hold trustees accountable, thereby protecting the interests of beneficiaries. Conversely, some may raise concerns about the impact of such penalties on trustees, especially in cases where mismanagement is unintentional or due to circumstances beyond their control.