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AN ACT
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relating to the unauthorized harvesting of standing timber; |
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providing for the imposition of a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 151.051(a) and (b), Natural Resources |
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Code, are amended to read as follows: |
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(a) A person who harvests standing timber with knowledge |
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that the harvesting is without the permission of the owner of the |
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standing timber and a person who causes another person to harvest |
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standing timber without the permission of the owner of the standing |
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timber are jointly and severally liable to the owner for damages in |
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an amount equal to the sum of the mill price of the timber harvested |
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and all reasonable expenses incurred by the owner as a direct result |
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of the unauthorized harvesting [three times the market price of the
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timber harvested without permission]. |
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(b) Payment of damages by a person under this section does |
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not preclude a prosecution of the person under Section 151.005 or |
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151.052. |
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SECTION 2. Subchapter B, Chapter 151, Natural Resources |
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Code, is amended by adding Section 151.052 to read as follows: |
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Sec. 151.052. CRIMINAL OFFENSE. (a) A person commits an |
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offense if the person: |
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(1) harvests standing timber with knowledge that the |
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harvesting is without the permission of the owner of the standing |
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timber; or |
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(2) causes another person to harvest standing timber |
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without the permission of the owner of the standing timber. |
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(b) An offense under this section is: |
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(1) a state jail felony if it is shown on the trial of |
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the offense that the value of the timber harvested is at least $500 |
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but less than $20,000; |
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(2) a felony of the third degree if it is shown on the |
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trial of the offense that the value of the timber harvested is at |
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least $20,000 but less than $100,000; |
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(3) a felony of the second degree if it is shown on the |
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trial of the offense that the value of the timber harvested is at |
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least $100,000 but less than $200,000; or |
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(4) a felony of the first degree if it is shown on the |
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trial of the offense that the value of the timber harvested is at |
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least $200,000. |
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SECTION 3. The change in law made by Section 151.051, |
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Natural Resources Code, as amended by this Act, applies only to the |
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unauthorized harvesting of standing timber that occurs on or after |
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the effective date of this Act. The unauthorized harvesting of |
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standing timber that occurs before the effective date of this Act is |
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subject to the law in effect on the date the unauthorized harvesting |
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occurs, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 613 was passed by the House on March |
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31, 2011, by the following vote: Yeas 142, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 613 was passed by the Senate on April |
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21, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |