Texas 2023 - 88th Regular

Texas House Bill HB1772 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1772
2	2
3	3
4	4	AN ACT
5	5	relating to the documentation required for the purchase of certain
6	6	timber products; creating a criminal offense.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. The heading to Subchapter A, Chapter 151,
9	9	Natural Resources Code, is amended to read as follows:
10	10	SUBCHAPTER A. REQUIRED DOCUMENTATION [BILL OF SALE] FOR PURCHASE
11	11	OF TREES AND TIMBER
12	12	SECTION 2. Section 151.002(a), Natural Resources Code, is
13	13	amended to read as follows:
14	14	(a) The bill of sale, which may be filed of record in the
15	15	appropriate real property records, shall at a minimum include:
16	16	(1) the name of the:
17	17	(A) owner of the land from which the trees,
18	18	timber, logs, pulpwood, or in-woods chips were or are to be
19	19	obtained;
20	20	(B) seller, if the seller is not the owner of the
21	21	land; and
22	22	(C) purchaser;
23	23	(2) the name of the county containing the tract of land
24	24	from which the trees, timber, logs, pulpwood, or in-woods chips
25	25	were or are to be obtained and:
26	26	(A) a legal survey, abstract, and tract number of
27	27	that [description of the survey or] tract of land; [from which the
28	28	trees, timber, logs, pulpwood, or in-woods chips were or are to be
29	29	obtained,] or
30	30	(B) information from which the identity of that
31	31	tract of land may be ascertained, [but in any event] including the
32	32	property address or GPS coordinates [the county name];
33	33	(3) a general description of the trees, timber, logs,
34	34	pulpwood, or in-woods chips conveyed in the bill of sale; and
35	35	(4) representations and a warranty from the seller
36	36	that the seller is the lawful owner of all the trees, timber, logs,
37	37	pulpwood, or in-woods chips conveyed in the bill of sale and that
38	38	the trees, timber, logs, pulpwood, or in-woods chips are free and
39	39	clear of all liens, security agreements, encumbrances, claims,
40	40	demands, and charges.
41	41	SECTION 3. Section 151.003, Natural Resources Code, is
42	42	amended to read as follows:
43	43	Sec. 151.003. RETENTION OF BILL OF SALE. A person that
44	44	purchases trees, timber, logs, pulpwood, or in-woods chips shall
45	45	retain the bill of sale for not less than five [two] years following
46	46	the later of the date of execution of the bill of sale or the
47	47	expiration date referenced in the bill of sale.
48	48	SECTION 4. Subchapter A, Chapter 151, Natural Resources
49	49	Code, is amended by adding Section 151.0035 to read as follows:
50	50	Sec. 151.0035. DOCUMENTATION OF DELIVERY REQUIRED FOR
51	51	CERTAIN PURCHASES. (a) A timber purchaser, as defined by Section
52	52	151.101, who purchases timber on a pay-per-unit sale shall provide
53	53	documentation to the beneficiary described by Section 151.104 that
54	54	proves delivery for any product delivered to a mill, wood yard,
55	55	transfer yard, or storage yard.
56	56	(b) Documentation required under Subsection (a) must:
57	57	(1) include:
58	58	(A) a description of the delivered product;
59	59	(B) the name and location of the mill, wood yard,
60	60	transfer yard, or storage yard to which the product was delivered;
61	61	(C) the site identification number or scale
62	62	ticket number for the delivered product;
63	63	(D) the net weight of the delivered product;
64	64	(E) the name of the person delivering the
65	65	product; and
66	66	(F) the name of the person or entity receiving
67	67	payment for the product, if different from the person delivering
68	68	the product; and
69	69	(2) be provided on or before the 45th day after the
70	70	date the product is delivered.
71	71	SECTION 5. Section 151.004, Natural Resources Code, is
72	72	amended to read as follows:
73	73	Sec. 151.004. NOTICE CONCERNING SALE OR PURCHASE OF TREES
74	74	OR TIMBER. At each designated point of delivery for trees, timber,
75	75	logs, pulpwood, or in-woods chips, a wood yard, transfer yard, mill
76	76	site, or storage yard shall post the following written notice in
77	77	lettering not less than one inch:
78	78	NOTICE CONCERNING SALE OR PURCHASE OF TREES OR TIMBER
79	79	1. A seller or purchaser of trees, timber, logs, pulpwood,
80	80	or in-woods chips who knowingly fails to provide, obtain, or
81	81	retain a bill of sale as provided in Chapter 151, Natural
82	82	Resources Code, is guilty of a misdemeanor and on conviction
83	83	is subject to a fine of not more than $500 for each offense.
84	84	2. A person, firm, partnership, or corporation adjudged
85	85	guilty of theft or fraud in connection with the sale or
86	86	purchase of trees or timber will be punished as provided by
87	87	the Penal Code.
88	88	3. A timber purchaser who knowingly fails to provide
89	89	documentation as required by Section 151.0035, Natural
90	90	Resources Code, or a timber purchaser or person acting on
91	91	behalf of a timber purchaser who knowingly provides false
92	92	information in documentation required by that section will be
93	93	punished as provided by Section 151.005, Natural Resources
94	94	Code.
95	95	4. The Texas A&M Forest Service Timber Theft Hotline is
96	96	1-800-364-3470.
97	97	SECTION 6. Section 151.005, Natural Resources Code, is
98	98	amended by adding Subsections (c), (d), and (e) to read as follows:
99	99	(c) A timber purchaser, as defined by Section 151.101, who
100	100	knowingly fails to provide the documentation required by Section
101	101	151.0035 in the manner provided by that section is guilty of a
102	102	misdemeanor and on conviction is subject to a fine of not more than
103	103	$500 for each offense.
104	104	(d) Except as otherwise provided by this section, a timber
105	105	purchaser, as defined by Section 151.101, or a firm, partnership,
106	106	or agent acting on behalf of a timber purchaser, who knowingly
107	107	provides false information in documentation required by Section
108	108	151.0035 is guilty of a misdemeanor and on conviction is subject to
109	109	a fine of not more than $500 for each offense. If an offense
110	110	described by this subsection was committed to conceal or to attempt
111	111	to conceal an offense under Section 151.052 or 151.105, the offense
112	112	under this subsection is:
113	113	(1) a state jail felony if it is shown on the trial of
114	114	the offense that the value of the timber purchased is at least $500
115	115	but less than $20,000;
116	116	(2) a felony of the third degree if it is shown on the
117	117	trial of the offense that the value of the timber purchased is at
118	118	least $20,000 but less than $100,000;
119	119	(3) a felony of the second degree if it is shown on the
120	120	trial of the offense that the value of the timber purchased is at
121	121	least $100,000 but less than $200,000; or
122	122	(4) a felony of the first degree if it is shown on the
123	123	trial of the offense that the value of the timber purchased is at
124	124	least $200,000.
125	125	(e) A seller or a firm, partnership, or agent acting on
126	126	behalf of the seller who knowingly provides in the bill of sale
127	127	required by Section 151.001 false information that is required by
128	128	Section 151.002 is guilty of a misdemeanor and on conviction is
129	129	subject to a fine of not more than $500 for each offense. If an
130	130	offense described by this subsection was committed to conceal or to
131	131	attempt to conceal an offense under Section 151.052 or 151.105, the
132	132	offense is:
133	133	(1) a state jail felony if it is shown on the trial of
134	134	the offense that the value of the timber purchased is at least $500
135	135	but less than $20,000;
136	136	(2) a felony of the third degree if it is shown on the
137	137	trial of the offense that the value of the timber purchased is at
138	138	least $20,000 but less than $100,000;
139	139	(3) a felony of the second degree if it is shown on the
140	140	trial of the offense that the value of the timber purchased is at
141	141	least $100,000 but less than $200,000; or
142	142	(4) a felony of the first degree if it is shown on the
143	143	trial of the offense that the value of the timber purchased is at
144	144	least $200,000.
145	145	SECTION 7. Section 151.003, Natural Resources Code, as
146	146	amended by this Act, applies only to the bill of sale for a
147	147	transaction for which the date of execution of the bill of sale or
148	148	the expiration date referenced in the bill of sale occurs on or
149	149	after the effective date of this Act.
150	150	SECTION 8. This Act takes effect September 1, 2023.
151	151	______________________________ ______________________________
152	152	President of the Senate Speaker of the House
153	153	I certify that H.B. No. 1772 was passed by the House on April
154	154	21, 2023, by the following vote: Yeas 139, Nays 0, 1 present, not
155	155	voting.
156	156	______________________________
157	157	Chief Clerk of the House
158	158	I certify that H.B. No. 1772 was passed by the Senate on May
159	159	12, 2023, by the following vote: Yeas 28, Nays 2.
160	160	______________________________
161	161	Secretary of the Senate
162	162	APPROVED: _____________________
163	163	Date
164	164	_____________________
165	165	Governor