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Texas Laws | Natural Resources Code
NATURAL RESOURCES CODE
TITLE 6. TIMBER

Acts 1977, 65th Leg., p. 2646, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Renumbered from Sec. 151.045 and amended by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001. (12923)

Sec. 151.006. APPLICABILITY. (12924)(Text)

This subchapter does not apply to the sale of: (12925)

(1) finished wood products; (12926)

(2) logs or pulpwood from a wood yard, transfer yard, mill site, or storage yard; (12927)

(3) trees from a nursery; or (12928)

(4) trees, logs, or pulpwood with a commercial value of less than $250. (12929)

Acts 1977, 65th Leg., p. 2646, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Renumbered from Sec. 151.046 and amended by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001. (12930)

Sec. 151.007. PENALTIES CUMULATIVE. (12931)(Text)

A penalty provided by this subchapter is in addition to a penalty provided under other law. (12932)

Added by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001. (12933)

Sec. 151.008. CIVIL LIABILITY. (12934)(Text)

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. (12935)

Added by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001. (12936)

SUBCHAPTER B. UNAUTHORIZED HARVESTING OF TIMBER (12937)(Text)
Sec. 151.051. DAMAGES FOR UNAUTHORIZED HARVESTING. (12938)(Text)

(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 the sum of the mill price of the timber harvested and all reasonable expenses incurred by the owner as a direct result of the unauthorized harvesting. (12939)

(b) Payment of damages by a person under this section does not preclude a prosecution of the person under Section 151.005 or 151.052. (12940)

(c) This section does not apply to the trimming or clearing of trees in the vicinity of a utility line or right-of-way. (12941)

Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997. Renumbered from Sec. 151.101 and amended by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001. (12942)

Amended by: (12943)

Acts 2011, 82nd Leg., R.S., Ch. 23 (H.B. 613), Sec. 1, eff. September 1, 2011. (12944)

Sec. 151.052. CRIMINAL OFFENSE. (12945)(Text)

(a) A person commits an offense if the person: (12946)

(1) harvests standing timber with knowledge that the harvesting is without the permission of the owner of the standing timber; or (12947)

(2) causes another person to harvest standing timber without the permission of the owner of the standing timber. (12948)

(b) An offense under this section is: (12949)

(1) a state jail felony if it is shown on the trial of the offense that the value of the timber harvested is at least $500 but less than $20,000; (12950)

(2) a felony of the third degree if it is shown on the trial of the offense that the value of the timber harvested is at least $20,000 but less than $100,000; (12951)

(3) a felony of the second degree if it is shown on the trial of the offense that the value of the timber harvested is at least $100,000 but less than $200,000; or (12952)

(4) a felony of the first degree if it is shown on the trial of the offense that the value of the timber harvested is at least $200,000. (12953)

Added by Acts 2011, 82nd Leg., R.S., Ch. 23 (H.B. 613), Sec. 2, eff. September 1, 2011. (12954)

SUBCHAPTER C. PAYMENT FOR TIMBER PURCHASED (12955)(Text)
Sec. 151.101. DEFINITION. (12956)(Text)

In this subchapter, "timber purchaser" means a person who purchases standing timber for harvest. (12957)

Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997. Renumbered from Sec. 151.151 by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001. (12958)

Sec. 151.102. MONEY COLLECTED FOR TIMBER AS TRUST MONEY. (12959)(Text)

Money a timber purchaser collects for harvested timber is trust money. (12960)

Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997. Renumbered from Sec. 151.152 by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001. (12961)

Sec. 151.103. TIMBER PURCHASER AS TRUSTEE. (12962)(Text)

A timber purchaser and each officer, director, partner, or agent of a timber purchaser are trustees of trust money. (12963)

Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997. Renumbered from Sec. 151.153 by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001. (12964)

Sec. 151.104. BENEFICIARY OF TRUST. (12965)(Text)

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. (12966)

Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997. Renumbered from Sec. 151.154 by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001. (12967)

Sec. 151.105. OFFENSE. (12968)(Text)

(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. (12969)

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