Texas 2023 - 88th Regular

Texas Senate Bill SB1048 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R2187 JAM-F
2	2	By: Nichols S.B. No. 1048
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the documentation required for the purchase of certain
8	8	timber products; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter A, Chapter 151,
11	11	Natural Resources Code, is amended to read as follows:
12	12	SUBCHAPTER A. REQUIRED DOCUMENTATION [BILL OF SALE] FOR PURCHASE OF
13	13	TREES AND TIMBER
14	14	SECTION 2. Subchapter A, Chapter 151, Natural Resources
15	15	Code, is amended by adding Section 151.0035 to read as follows:
16	16	Sec. 151.0035. DOCUMENTATION OF DELIVERY REQUIRED FOR
17	17	CERTAIN PURCHASES. (a) A timber purchaser, as defined by Section
18	18	151.101, who purchases timber on a pay-per-unit sale shall provide
19	19	documentation to the beneficiary described by Section 151.104 that
20	20	proves delivery for any product delivered to a mill, wood yard,
21	21	transfer yard, or storage yard.
22	22	(b) Documentation required under Subsection (a) must:
23	23	(1) include:
24	24	(A) a description of the delivered product;
25	25	(B) the name and location of the mill, wood yard,
26	26	transfer yard, or storage yard to which the product was delivered;
27	27	(C) the site identification number or scale
28	28	ticket number for the delivered product;
29	29	(D) the net weight of the delivered product;
30	30	(E) the name of the person delivering the
31	31	product; and
32	32	(F) the name of the person or entity receiving
33	33	payment for the product, if different from the person delivering
34	34	the product; and
35	35	(2) be provided on or before the 45th day after the
36	36	date the product is delivered.
37	37	SECTION 3. Section 151.004, Natural Resources Code, is
38	38	amended to read as follows:
39	39	Sec. 151.004. NOTICE CONCERNING SALE OR PURCHASE OF TREES
40	40	OR TIMBER. At each designated point of delivery for trees, timber,
41	41	logs, pulpwood, or in-woods chips, a wood yard, transfer yard, mill
42	42	site, or storage yard shall post the following written notice in
43	43	lettering not less than one inch:
44	44	NOTICE CONCERNING SALE OR PURCHASE OF TREES OR TIMBER
45	45	1. A seller or purchaser of trees, timber, logs, pulpwood,
46	46	or in-woods chips who knowingly fails to provide, obtain, or
47	47	retain a bill of sale as provided in Chapter 151, Natural
48	48	Resources Code, is guilty of a misdemeanor and on conviction
49	49	is subject to a fine of not more than $500 for each offense.
50	50	2. A person, firm, partnership, or corporation adjudged
51	51	guilty of theft or fraud in connection with the sale or
52	52	purchase of trees or timber will be punished as provided by
53	53	the Penal Code.
54	54	3. A timber purchaser who knowingly fails to provide
55	55	documentation as required by Section 151.0035, Natural
56	56	Resources Code, or a timber purchaser or person acting on
57	57	behalf of a timber purchaser who knowingly provides false
58	58	information in documentation required by that section will be
59	59	punished as provided by Section 151.005, Natural Resources
60	60	Code.
61	61	4. The Texas Forest Service Timber Theft Hotline is
62	62	1-800-364-3470.
63	63	SECTION 4. Section 151.005, Natural Resources Code, is
64	64	amended by adding Subsections (c) and (d) to read as follows:
65	65	(c) A timber purchaser, as defined by Section 151.101, who
66	66	knowingly fails to provide the documentation required by Section
67	67	151.0035 in the manner provided by that section is guilty of a
68	68	misdemeanor and on conviction is subject to a fine of not more than
69	69	$500 for each offense.
70	70	(d) Except as otherwise provided by this section, a timber
71	71	purchaser, as defined by Section 151.101, or a firm, partnership,
72	72	or agent acting on behalf of a timber purchaser, who knowingly
73	73	provides false information in documentation required by Section
74	74	151.0035 is guilty of a misdemeanor and on conviction is subject to
75	75	a fine of not more than $500 for each offense. If an offense
76	76	described by this subsection was committed to conceal or to attempt
77	77	to conceal an offense under Section 151.052 or 151.105, the offense
78	78	under this subsection is:
79	79	(1) a state jail felony if it is shown on the trial of
80	80	the offense that the value of the timber purchased is at least $500
81	81	but less than $20,000;
82	82	(2) a felony of the third degree if it is shown on the
83	83	trial of the offense that the value of the timber purchased is at
84	84	least $20,000 but less than $100,000;
85	85	(3) a felony of the second degree if it is shown on the
86	86	trial of the offense that the value of the timber purchased is at
87	87	least $100,000 but less than $200,000; or
88	88	(4) a felony of the first degree if it is shown on the
89	89	trial of the offense that the value of the timber purchased is at
90	90	least $200,000.
91	91	SECTION 5. This Act takes effect September 1, 2023.