By: Hopson, Farrar (Senate Sponsor - Nichols) H.B. No. 613
(In the Senate - Received from the House April 4, 2011;
April 7, 2011, read first time and referred to Committee on
Agriculture and Rural Affairs; April 13, 2011, reported favorably
by the following vote: Yeas 3, Nays 0; April 13, 2011, sent to
printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the unauthorized harvesting of standing timber;
providing for the imposition of a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 151.051(a) and (b), Natural Resources
Code, are amended to read as follows:
(a) A person who harvests standing timber with knowledge
that the harvesting is without the permission of the owner of the
standing timber and a person who causes another person to harvest
standing timber without the permission of the owner of the standing
timber are jointly and severally liable to the owner for damages in
an amount equal to the sum of the mill price of the timber harvested
and all reasonable expenses incurred by the owner as a direct result
of the unauthorized harvesting [three times the market price of the
timber harvested without permission].
(b) Payment of damages by a person under this section does
not preclude a prosecution of the person under Section 151.005 or
151.052.
SECTION 2. Subchapter B, Chapter 151, Natural Resources
Code, is amended by adding Section 151.052 to read as follows:
Sec. 151.052. CRIMINAL OFFENSE. (a) A person commits an
offense if the person:
(1) harvests standing timber with knowledge that the
harvesting is without the permission of the owner of the standing
timber; or
(2) causes another person to harvest standing timber
without the permission of the owner of the standing timber.
(b) An offense under this section is:
(1) a state jail felony if it is shown on the trial of
the offense that the value of the timber harvested is at least $500
but less than $20,000;
(2) a felony of the third degree if it is shown on the
trial of the offense that the value of the timber harvested is at
least $20,000 but less than $100,000;
(3) a felony of the second degree if it is shown on the
trial of the offense that the value of the timber harvested is at
least $100,000 but less than $200,000; or
(4) a felony of the first degree if it is shown on the
trial of the offense that the value of the timber harvested is at
least $200,000.
SECTION 3. The change in law made by Section 151.051,
Natural Resources Code, as amended by this Act, applies only to the
unauthorized harvesting of standing timber that occurs on or after
the effective date of this Act. The unauthorized harvesting of
standing timber that occurs before the effective date of this Act is
subject to the law in effect on the date the unauthorized harvesting
occurs, and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2011.
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