Bill Text: TX HB2764 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the offense of intentional unauthorized harvesting of timber, providing a criminal penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-16 - Referred to Natural Resources [HB2764 Detail]
Download: Texas-2011-HB2764-Introduced.html
| By: Farrar | H.B. No. 2764 | |
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| relating to the offense of intentional unauthorized harvesting of | ||
| timber, providing a criminal penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 151.005, Natural Resources Code, is | ||
| amended to read as follows: | ||
| Sec. 151.051. DAMAGES FOR UNAUTHORIZED HARVESTING. (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 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 | ||
| under Section 151.052. | ||
| (c) This section does not apply to the trimming or clearing | ||
| of trees in the vicinity of a utility line or right-of-way. | ||
| SECTION 2. Chapter 151, Natural Resources Code, is amended | ||
| by adding Section 151.052 to read as follows: | ||
| Section 151.052. Criminal Offense of Intentional | ||
| Unauthorized Harvesting. (a) A person commits an offense if the | ||
| person harvests, or directs another person to harvest, standing | ||
| timber with a total market value of at least $500 with the | ||
| knowledge that the harvesting is without permission of the owner of | ||
| the standing timber. | ||
| (b) An offense under this section is: | ||
| (1) a state jail felony if the value of the timber | ||
| harvested without permission is at least $500 but not more than | ||
| $20,000. | ||
| (2) a felony of the third degree if the value of the | ||
| timber harvested without permission is at least $20,000 but not | ||
| more than $100,000. | ||
| (3) a felony of the second degree if the value of the | ||
| timber harvested without permission is $100,000 or more. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
