TX NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE A. ADMINISTRATION

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.