85R22798 MEW-D
By: Burns, Leach, Canales, et al. H.B. No. 3150
Substitute the following for H.B. No. 3150:
By: Workman C.S.H.B. No. 3150
A BILL TO BE ENTITLED
AN ACT
relating to a merchant allowing a person suspected of committing or
attempting to commit theft to complete a theft education program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 124.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 124.001. DETENTION. (a) A person who reasonably
believes that another has stolen or is attempting to steal property
is privileged to detain that person in a reasonable manner and for a
reasonable time to investigate ownership of the property.
(b) A person who is in the business of selling goods or
services as a merchant is not precluded from offering a person who
is suspected of stealing or attempting to steal property from the
merchant an opportunity to complete a theft education program under
Section 124.002 to deter theft and address criminal behavior
instead of reporting the suspected offense to a law enforcement
agency.
(c) A merchant who offers a person an opportunity to
complete a theft education program shall, in writing:
(1) notify the person of that opportunity; and
(2) inform the person of the civil and criminal
remedies available to the merchant and the state, including
informing the person that the merchant retains the right to report
the suspected offense to a law enforcement agency if the person does
not successfully complete the program.
(d) A merchant who offers a person an opportunity to
complete a theft education program may not receive compensation
directly or indirectly from:
(1) the person suspected of stealing or attempting to
steal property from the merchant; or
(2) the provider of a theft education program
described by Section 124.002.
SECTION 2. Chapter 124, Civil Practice and Remedies Code,
is amended by adding Section 124.002 to read as follows:
Sec. 124.002. THEFT EDUCATION PROGRAM. (a) A theft
education program for a person who is suspected of stealing or
attempting to steal property under Section 124.001 must:
(1) address the type of alleged criminal offense;
(2) seek to modify the person's behavioral
decision-making process;
(3) engage the person with interactive exercises
designed to instill appropriate societal behavior; and
(4) promote accountability and reconciliation between
the person and the merchant.
(b) A person is not eligible to participate in a theft
education program if, within the five-year period preceding the
date of the suspected offense, the person has previously attended
any part of a program under this section unless a court that would
have jurisdiction over the prosecution of the suspected offense
allows the person to participate in the program.
(c) A provider of a theft education program must maintain
records of all persons who have participated in the provider's
theft education program during the preceding five years. On a law
enforcement agency's request, the provider shall disclose to the
agency any records relating to a person's participation in the
program.
(d) A provider of a theft education program may not
discriminate against a person who is otherwise eligible to
participate in the program based on:
(1) the person's race, color, religion, sex, familial
status, or national origin; or
(2) the person's ability to pay.
(e) If a person is not eligible to participate in a theft
education program under Subsection (b), the provider of the program
shall notify the merchant who offered the person the opportunity to
complete the program under Section 124.001.
(f) A provider of a theft education program may not charge a
fee that exceeds $500 for participation in the program.
(g) A provider of a theft education program:
(1) shall develop a plan to offer discounts,
alternative payment schedules, or scholarship funds to a person who
the provider has verified is indigent; and
(2) may reduce or waive the fee for the program based
on the ability to pay of a person described by Subdivision (1).
SECTION 3. This Act takes effect September 1, 2017.