Texas 2017 - 85th Regular

Texas House Bill HB3150 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R22798 MEW-D
2		-	By: Burns, Leach, Canales, et al. H.B. No. 3150
3		-	Substitute the following for H.B. No. 3150:
4		-	By: Workman C.S.H.B. No. 3150
	1	+	By: Burns, Leach, Canales, Thierry, et al. H.B. No. 3150
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to a merchant allowing a person suspected of committing or
10	7		attempting to commit theft to complete a theft education program.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Section 124.001, Civil Practice and Remedies
13	10		Code, is amended to read as follows:
14	11		Sec. 124.001. DETENTION. (a) A person who reasonably
15	12		believes that another has stolen or is attempting to steal property
16	13		is privileged to detain that person in a reasonable manner and for a
17	14		reasonable time to investigate ownership of the property.
18	15		(b) A person who is in the business of selling goods or
19	16		services as a merchant is not precluded from offering a person who
20	17		is suspected of stealing or attempting to steal property from the
21	18		merchant an opportunity to complete a theft education program under
22	19		Section 124.002 to deter theft and address criminal behavior
23	20		instead of reporting the suspected offense to a law enforcement
24	21		agency.
25	22		(c) A merchant who offers a person an opportunity to
26	23		complete a theft education program shall, in writing:
27	24		(1) notify the person of that opportunity; and
28	25		(2) inform the person of the civil and criminal
29	26		remedies available to the merchant and the state, including
30	27		informing the person that the merchant retains the right to report
31	28		the suspected offense to a law enforcement agency if the person does
32	29		not successfully complete the program.
33		-	(d) A merchant who offers a person an opportunity to
34		-	complete a theft education program may not receive compensation
35		-	directly or indirectly from:
36		-	(1) the person suspected of stealing or attempting to
37		-	steal property from the merchant; or
38		-	(2) the provider of a theft education program
39		-	described by Section 124.002.
40	30		SECTION 2. Chapter 124, Civil Practice and Remedies Code,
41	31		is amended by adding Section 124.002 to read as follows:
42	32		Sec. 124.002. THEFT EDUCATION PROGRAM. (a) A theft
43	33		education program for a person who is suspected of stealing or
44	34		attempting to steal property under Section 124.001 must:
45	35		(1) address the type of alleged criminal offense;
46	36		(2) seek to modify the person's behavioral
47	37		decision-making process;
48	38		(3) engage the person with interactive exercises
49	39		designed to instill appropriate societal behavior; and
50	40		(4) promote accountability and reconciliation between
51	41		the person and the merchant.
52		-	(b) A person is not eligible to participate in a theft
53		-	education program if, within the five-year period preceding the
54		-	date of the suspected offense, the person has previously attended
55		-	any part of a program under this section unless a court that would
56		-	have jurisdiction over the prosecution of the suspected offense
57		-	allows the person to participate in the program.
58		-	(c) A provider of a theft education program must maintain
59		-	records of all persons who have participated in the provider's
60		-	theft education program during the preceding five years. On a law
61		-	enforcement agency's request, the provider shall disclose to the
62		-	agency any records relating to a person's participation in the
63		-	program.
64		-	(d) A provider of a theft education program may not
	42	+	(b) A provider of a theft education program may not
65	43		discriminate against a person who is otherwise eligible to
66	44		participate in the program based on:
67	45		(1) the person's race, color, religion, sex, familial
68	46		status, or national origin; or
69	47		(2) the person's ability to pay.
70		-	(e) If a person is not eligible to participate in a theft
71		-	education program under Subsection (b), the provider of the program
72		-	shall notify the merchant who offered the person the opportunity to
73		-	complete the program under Section 124.001.
74		-	(f) A provider of a theft education program may not charge a
75		-	fee that exceeds $500 for participation in the program.
76		-	(g) A provider of a theft education program:
	48	+	(c) A program provider that charges a fee for participation
	49	+	in a theft education program:
77	50		(1) shall develop a plan to offer discounts,
78	51		alternative payment schedules, or scholarship funds to a person who
79	52		the provider has verified is indigent; and
80	53		(2) may reduce or waive the fee for the program based
81	54		on the ability to pay of a person described by Subdivision (1).
82	55		SECTION 3. This Act takes effect September 1, 2017.