H.B. No. 1772
AN ACT
relating to the documentation required for the purchase of certain
timber products; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A, Chapter 151,
Natural Resources Code, is amended to read as follows:
SUBCHAPTER A. REQUIRED DOCUMENTATION [BILL OF SALE] FOR PURCHASE
OF TREES AND TIMBER
SECTION 2. Section 151.002(a), Natural Resources Code, is
amended to read as follows:
(a) The bill of sale, which may be filed of record in the
appropriate real property records, shall at a minimum include:
(1) the name of the:
(A) owner of the land from which the trees,
timber, logs, pulpwood, or in-woods chips were or are to be
obtained;
(B) seller, if the seller is not the owner of the
land; and
(C) purchaser;
(2) the name of the county containing the tract of land
from which the trees, timber, logs, pulpwood, or in-woods chips
were or are to be obtained and:
(A) a legal survey, abstract, and tract number of
that [description of the survey or] tract of land; [from which the
trees, timber, logs, pulpwood, or in-woods chips were or are to be
obtained,] or
(B) information from which the identity of that
tract of land may be ascertained, [but in any event] including the
property address or GPS coordinates [the county name];
(3) a general description of the trees, timber, logs,
pulpwood, or in-woods chips conveyed in the bill of sale; and
(4) representations and a warranty from the seller
that the seller is the lawful owner of all the trees, timber, logs,
pulpwood, or in-woods chips conveyed in the bill of sale and that
the trees, timber, logs, pulpwood, or in-woods chips are free and
clear of all liens, security agreements, encumbrances, claims,
demands, and charges.
SECTION 3. Section 151.003, Natural Resources Code, is
amended to read as follows:
Sec. 151.003. RETENTION OF BILL OF SALE. A person that
purchases trees, timber, logs, pulpwood, or in-woods chips shall
retain the bill of sale for not less than five [two] years following
the later of the date of execution of the bill of sale or the
expiration date referenced in the bill of sale.
SECTION 4. Subchapter A, Chapter 151, Natural Resources
Code, is amended by adding Section 151.0035 to read as follows:
Sec. 151.0035. DOCUMENTATION OF DELIVERY REQUIRED FOR
CERTAIN PURCHASES. (a) A timber purchaser, as defined by Section
151.101, who purchases timber on a pay-per-unit sale shall provide
documentation to the beneficiary described by Section 151.104 that
proves delivery for any product delivered to a mill, wood yard,
transfer yard, or storage yard.
(b) Documentation required under Subsection (a) must:
(1) include:
(A) a description of the delivered product;
(B) the name and location of the mill, wood yard,
transfer yard, or storage yard to which the product was delivered;
(C) the site identification number or scale
ticket number for the delivered product;
(D) the net weight of the delivered product;
(E) the name of the person delivering the
product; and
(F) the name of the person or entity receiving
payment for the product, if different from the person delivering
the product; and
(2) be provided on or before the 45th day after the
date the product is delivered.
SECTION 5. Section 151.004, Natural Resources Code, is
amended to read as follows:
Sec. 151.004. NOTICE CONCERNING SALE OR PURCHASE OF TREES
OR TIMBER. At each designated point of delivery for trees, timber,
logs, pulpwood, or in-woods chips, a wood yard, transfer yard, mill
site, or storage yard shall post the following written notice in
lettering not less than one inch:
NOTICE CONCERNING SALE OR PURCHASE OF TREES OR TIMBER
1. A seller or purchaser of trees, timber, logs, pulpwood,
or in-woods chips who knowingly fails to provide, obtain, or
retain a bill of sale as provided in Chapter 151, Natural
Resources Code, is guilty of a misdemeanor and on conviction
is subject to a fine of not more than $500 for each offense.
2. A person, firm, partnership, or corporation adjudged
guilty of theft or fraud in connection with the sale or
purchase of trees or timber will be punished as provided by
the Penal Code.
3. A timber purchaser who knowingly fails to provide
documentation as required by Section 151.0035, Natural
Resources Code, or a timber purchaser or person acting on
behalf of a timber purchaser who knowingly provides false
information in documentation required by that section will be
punished as provided by Section 151.005, Natural Resources
Code.
4. The Texas A&M Forest Service Timber Theft Hotline is
1-800-364-3470.
SECTION 6. Section 151.005, Natural Resources Code, is
amended by adding Subsections (c), (d), and (e) to read as follows:
(c) A timber purchaser, as defined by Section 151.101, who
knowingly fails to provide the documentation required by Section
151.0035 in the manner provided by that section is guilty of a
misdemeanor and on conviction is subject to a fine of not more than
$500 for each offense.
(d) Except as otherwise provided by this section, a timber
purchaser, as defined by Section 151.101, or a firm, partnership,
or agent acting on behalf of a timber purchaser, who knowingly
provides false information in documentation required by Section
151.0035 is guilty of a misdemeanor and on conviction is subject to
a fine of not more than $500 for each offense. If an offense
described by this subsection was committed to conceal or to attempt
to conceal an offense under Section 151.052 or 151.105, the offense
under this subsection is:
(1) a state jail felony if it is shown on the trial of
the offense that the value of the timber purchased 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 purchased 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 purchased 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 purchased is at
least $200,000.
(e) A seller or a firm, partnership, or agent acting on
behalf of the seller who knowingly provides in the bill of sale
required by Section 151.001 false information that is required by
Section 151.002 is guilty of a misdemeanor and on conviction is
subject to a fine of not more than $500 for each offense. If an
offense described by this subsection was committed to conceal or to
attempt to conceal an offense under Section 151.052 or 151.105, the
offense is:
(1) a state jail felony if it is shown on the trial of
the offense that the value of the timber purchased 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 purchased 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 purchased 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 purchased is at
least $200,000.
SECTION 7. Section 151.003, Natural Resources Code, as
amended by this Act, applies only to the bill of sale for a
transaction for which the date of execution of the bill of sale or
the expiration date referenced in the bill of sale occurs on or
after the effective date of this Act.
SECTION 8. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1772 was passed by the House on April
21, 2023, by the following vote: Yeas 139, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1772 was passed by the Senate on May
12, 2023, by the following vote: Yeas 28, Nays 2.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor