« Statutes are Statutes | Main | Ninth Circuit Issues First Impression of Fair Debt Collection Practices Act »

September 27, 2006

Worst Statute in the World for September 27, 2006

Again with a nod to Keith Olbermann...

This is one I've known about for many years, and wrote about in my first book, Law School Basics. It's a Texas penal statute (V.T.C.A., Government Code § 3101.010) that provides in full:

(a) A person commits an offense if the person causes pecans to fall from a pecan tree by any means, including by thrashing, unless the tree is located on:

(1) land owned by the person causing the pecans to fall;
(2) privately owned land, and the person causing the pecans to fall has the written consent of the owner, lessee, or authorized agent of the owner or lessee;
(3) land owned by the state or a political subdivision of the state and in the boundaries of a municipality, and the person causing the pecans to fall has written consent from an officer or agent of the agency or political subdivision controlling the land or from the mayor of the municipality; or
(4) land owned by the state or a political subdivision of the state and outside the boundaries of a municipality, and the person causing the pecans to fall has written consent from an officer or agent of the agency or political subdivision controlling the property or from the county judge of the county.

(b) An offense under this section is a misdemeanor and on conviction is punishable by:

(1) a fine of not less than $5 or more than $300;
(2) confinement in the county jail for a term not to exceed three months; or
(3) both a fine and confinement.

So, if you come on a friend's land in Texas and, with their oral consent, you knock down some pecans, it's the pen for you! It sets a trap!

Texas's anti-thrashing statute... which creates a traps for friends to snare their pecan-loving friends is today's Worst Statute in the World...

September 27, 2006 | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d834ee079869e2

Listed below are links to weblogs that reference Worst Statute in the World for September 27, 2006:

Comments

Hey, hey...

You don't think pecan rustling's a serious problem? Have you ever seen a Texan who's been told he can't have a pecan pie because some nocount rustled all the pecans? I tell ya what... I'd much rather face a full platoon of Abrams tanks. Them ol' boys get downright riled up if'n they don't get that pie on time.

No, no, this is a law we just GOTTA have, otherwise there won't be no Texan bakers LEFT.

Posted by: stormkite | Oct 3, 2006 1:08:16 PM

Post a comment