This section sets misdemeanor fines, and in some cases felony grading, for failing to keep required timber sale documents, failing to post required notices, or knowingly giving false information.
Sec. 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. (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. 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. Amended by: Acts 2023, 88th Leg., R.S., Ch. 229 (H.B. 1772), Sec. 6, eff. September 1, 2023.