This article is reposted from the original article developed and disseminated by Texas Forestry Association, June 11, 2023.
Legislative
statute revisions to affect Texas timber sales, forest products mills and protection
for private landowners
LUFKIN,
Texas—Effective September 1, 2023, members
of the timber industry will be better protected buying and selling timber in
Texas.
Due
to a rising occurrence of timber theft cases, members of the 88th
Texas Legislature passed House Bill 1772, The Timber Asset Protection Act, to improve
and clarify Texas’ forestry bill of sale laws, required documentation for mills
and landowners, and to apply the same penalties to fraud as has been applicable
for unauthorized harvest of timber.
Current
forestry bill of sale laws have been effective in the past, but over time, the changing
process of growing, delivering, manufacturing and valuating of forest products,
certain legal changes are needed, as well as adjustments to penalties for
illegal behavior.
“The first laws dealing with requiring bills of sale
were passed in 1977, and as the industry has evolved, subsequent adjustments in
timber asset protection laws have been needed,” said Texas Representative Trent
Ashby, Dist. 9, author of HB 1772. “This revision of our Natural
Resources Code will ensure transparency and accountability in timber
transactions which will keep our forest economy working and healthy for future
generations.”
The
intent of this new legislation is to deter theft by requiring a more transparent
timber transaction starting with an accurate bill of sale from the forest to
the mill and delivery documentation for pay-as-cut timber sales to the forest
landowner within 45 days. This will require mills to provide an addendum to
their documentation and a new or revised notice sign at receiving truck scales.
The
penalties for knowingly providing false information to the mill or failing to
provide proper and timely documentation to the forest landowner are now the
same misdemeanors and felony levels as in timber theft cases of harvesting
timber without permission.
“While
investigating timber theft cases, we frequently noticed inconsistencies in
Chain-of-Custody documentation, or lack thereof,” said Jarred Lemmon, Texas
A&M Forest Service Assistant Chief of Law Enforcement. “Buttoning up the
requirements of the timber sale process with a few minor statutory changes would
benefit all facets of the timber industry in Texas, from the time it was procured
and harvested until its final destination after manufacturing.”
Over
the past four years, the Texas Forestry Association petitioned for the changes
provided in HB 1772 with targeted education, as well as through consultation
with Texas A&M Forest Service for statutory and operational expertise.
TFA Executive Director Rob Hughes said the upgrades
reflected in the Timber Asset Protection Act are part of the association’s
mission of forestry education and resource protection.
“Texans enjoy many benefits from our forests which are
95% privately owned. This legislation will keep our forest products
markets competitive ensuring healthy working forests for the future,” said
Texas Senate sponsor Robert Nichols, Dist. 3.
A summary of the timber theft legislation and
penalties includes:
Revised
bill of sale statute to include “Information be true and accurate” with current
methods of describing the property address or use of GPS coordinates
Someone
who knowingly provides false information on bill of sale would be guilty of a
misdemeanor which increases to felony levels
Bill of sale
information retention increase from 2 years to 5 years
A new
requirement of legal proof documentation from the buyer to the seller, such as
a delivery receipt, within 45 days after delivery to a mill
Penalties
for ‘unauthorized harvest of timber’ now apply to bill of sale information and
documentation from purchaser to forest landowner
For more information on 2023 Timber Asset Protection
Act visit
https://www.texasforestry.org/ and
https://tfsweb.tamu.edu/LawEnforcement/