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