NATURAL RESOURCES CODE
TITLE 6. TIMBER
CHAPTER 151. PROVISIONS GENERALLY APPLICABLE
SUBCHAPTER A. BILL OF SALE FOR PURCHASE OF TREES AND TIMBER
§ 151.001. REQUIRED BILL OF SALE. Before purchasing or
accepting delivery of any trees, timber, logs, pulpwood, or
in-woods chips, a seller shall provide and a purchaser shall
require a bill of sale for the trees, timber, logs, pulpwood, or
in-woods chips executed by the seller. The bill of sale may be a
part of, a compilation of information taken from, or an addendum to,
by way of example, a timber deed, scale ticket, weight ticket,
cutting contract, harvest agreement, wood purchase agreement, or
other records of the sale and purchase made at the time if all the
information required by Section 151.002 is included.
Acts 1977, 65th Leg., p. 2645, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Renumbered from § 151.041 and amended by Acts 2001, 77th
Leg., ch. 532, § 1, eff. Sept. 1, 2001.
§ 151.002. INFORMATION IN BILL OF SALE. (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) a 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 information from which the identity of that
tract of land may be ascertained, but in any event including 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.
(b) The purchaser of trees, timber, logs, pulpwood, or
in-woods chips conveyed in the bill of sale may, and is entitled to,
rely on the information required to be provided by the seller to be
incorporated into the bill of sale, as well as on the
representations and warranty of the seller.
Acts 1977, 65th Leg., p. 2645, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Renumbered from § 151.042 and amended by Acts 2001, 77th
Leg., ch. 532, § 1, eff. Sept. 1, 2001.
§ 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 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.
Acts 1977, 65th Leg., p. 2645, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Renumbered from § 151.043 and amended by Acts 2001, 77th
Leg., ch. 532, § 1, eff. Sept. 1, 2001.
§ 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. The Texas Forest Service Timber Theft Hotline is
1-800-364-3470.
Acts 1977, 65th Leg., p. 2645, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1989, 71st. Leg., ch. 1248, § 85(5), eff.
Sept. 1, 1989. Renumbered from § 151.044 and amended by Acts
2001, 77th Leg., ch. 532, § 1, eff. Sept. 1, 2001.
§ 151.005. PENALTY. (a) A seller or purchaser who
knowingly fails to provide, obtain, or retain a bill of sale as
required by Sections 151.001, 151. 002, and 151.003 is guilty of a
misdemeanor and on conviction is subject to a fine of not more than
$500 for each offense.
(b) A wood yard, transfer yard, mill site, or storage yard
that knowingly fails to post the notice concerning sale or purchase
of trees or timber as required by Section 151.004 is guilty of a
misdemeanor and on conviction is subject to a fine of not more than
$500 for each offense.
Acts 1977, 65th Leg., p. 2646, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Renumbered from § 151.045 and amended by Acts 2001, 77th
Leg., ch. 532, § 1, eff. Sept. 1, 2001.
§ 151.006. APPLICABILITY. This subchapter does not
apply to the sale of:
(1) finished wood products;
(2) logs or pulpwood from a wood yard, transfer yard,
mill site, or storage yard;
(3) trees from a nursery; or
(4) trees, logs, or pulpwood with a commercial value
of less than $250.
Acts 1977, 65th Leg., p. 2646, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Renumbered from § 151.046 and amended by Acts 2001, 77th
Leg., ch. 532, § 1, eff. Sept. 1, 2001.
§ 151.007. PENALTIES CUMULATIVE. A penalty provided by
this subchapter is in addition to a penalty provided under other
law.
Added by Acts 2001, 77th Leg., ch. 532, § 1, eff. Sept. 1, 2001.
§ 151.008. CIVIL LIABILITY. Nothing in this subchapter
shall be construed to affect the liability under any other statute
or under common law, provided that failure to comply with the
provisions of this subchapter shall not, by itself, create civil
liability.
Added by Acts 2001, 77th Leg., ch. 532, § 1, eff. Sept. 1, 2001.
[Sections 151.009 to 151.040 reserved for expansion]
SUBCHAPTER B. UNAUTHORIZED HARVESTING OF TIMBER
§ 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.
(c) This section does not apply to the trimming or clearing
of trees in the vicinity of a utility line or right-of-way.
Added by Acts 1997, 75th Leg., ch. 562, § 1, eff. Sept. 1, 1997.
Renumbered from § 151.101 and amended by Acts 2001, 77th Leg.,
ch. 532, § 1, eff. Sept. 1, 2001.
SUBCHAPTER C. PAYMENT FOR TIMBER PURCHASED
§ 151.101. DEFINITION. In this subchapter, "timber
purchaser" means a person who purchases standing timber for
harvest.
Added by Acts 1997, 75th Leg., ch. 562, § 1, eff. Sept. 1, 1997.
Renumbered from § 151.151 by Acts 2001, 77th Leg., ch. 532, §
1, eff. Sept. 1, 2001.
§ 151.102. MONEY COLLECTED FOR TIMBER AS TRUST
MONEY. Money a timber purchaser collects for harvested timber is
trust money.
Added by Acts 1997, 75th Leg., ch. 562, § 1, eff. Sept. 1, 1997.
Renumbered from § 151.152 by Acts 2001, 77th Leg., ch. 532, §
1, eff. Sept. 1, 2001.
§ 151.103. TIMBER PURCHASER AS TRUSTEE. A timber
purchaser and each officer, director, partner, or agent of a timber
purchaser are trustees of trust money.
Added by Acts 1977, 75th Leg., ch. 562, § 1, eff. Sept. 1, 1997.
Renumbered from § 151.153 by Acts 2001, 77th Leg., ch. 532, §
1, eff. Sept. 1, 2001.
§ 151.104. BENEFICIARY OF TRUST. Each seller of
standing timber is a beneficiary of trust money to the extent of the
beneficiary's share of the purchase price for the timber.
Added by Acts 1997, 75th Leg., ch. 562, § 1, eff. Sept. 1, 1997.
Renumbered from § 151.154 by Acts 2001, 77th Leg., ch. 532, §
1, eff. Sept. 1, 2001.
§ 151.105. OFFENSE. (a) A trustee commits an offense
if the trustee, knowingly or with intent to defraud, directly or
indirectly retains, uses, disperses, or otherwise diverts more than
$500 of trust money without first fully paying all of the
beneficiaries the purchase price for the timber.
(b) A trustee acts with intent to defraud if the trustee
retains, uses, disperses, or diverts trust money with the intent to
deprive a beneficiary of trust money.
(c) A trustee is presumed to have acted with intent to
defraud if the trustee does not pay all of the beneficiaries the
purchase price for the timber not later than the 45th day after the
date the trustee collects money for the timber.
(d) An offense under this section is a state jail felony.
Added by Acts 1997, 75th Leg., ch. 562, § 1, eff. Sept. 1, 1997.
Renumbered from § 151.155 by Acts 2001, 77th Leg., ch. 532, §
1, eff. Sept. 1, 2001.
§ 151.106. DEFENSES TO PROSECUTION. It is an
affirmative defense to prosecution under this section that:
(1) the trustee paid the beneficiaries all trust money
to which the beneficiaries were entitled not later than the 15th day
after the date written notice was given to the trustee at the
trustee's most recent address known that a criminal complaint has
been filed against the trustee or that a criminal investigation of
the trustee is pending; or
(2) two or more persons claim to be beneficiaries of
the same trust money, and the trustee has deposited the amount of
the disputed trust money into the registry of the district court of
the county in which the standing timber was located by action in
interpleader or other appropriate legal proceeding for the benefit
of persons the district court determines to be entitled to the trust
money.
Added by Acts 1997, 75th Leg., ch. 562, § 1, eff. Sept. 1, 1997.
Renumbered from § 151.156 by Acts 2001, 77th Leg., ch. 532, §
1, eff. Sept. 1, 2001.
§ 151.107. ELECTION OF OFFENSES. If conduct
constituting an offense under Section 151.105 is an offense under
another law of this state, the state may elect the offense for which
it prosecutes the trustee.
Added by Acts 1997, 75th Leg., ch. 562, § 1, eff. Sept. 1, 1997.
Renumbered from § 151.157 and amended by Acts 2001, 77th Leg.,
ch. 532, § 1, eff. Sept. 1, 2001.
