| 4 | 5 | | |
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| 5 | 6 | | |
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| 6 | 7 | | A BILL TO BE ENTITLED |
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| 7 | 8 | | AN ACT |
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| 8 | 9 | | relating to a merchant allowing a person suspected of committing or |
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| 9 | 10 | | attempting to commit theft to complete a theft education program. |
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| 10 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 12 | | SECTION 1. Section 124.001, Civil Practice and Remedies |
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| 12 | 13 | | Code, is amended to read as follows: |
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| 13 | 14 | | Sec. 124.001. SUSPECTED THEFT OF PROPERTY OR ATTEMPTED |
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| 14 | 15 | | THEFT OF PROPERTY [DETENTION]. (a) A person who reasonably |
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| 15 | 16 | | believes that another has stolen or is attempting to steal property |
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| 16 | 17 | | is privileged to detain that person in a reasonable manner and for a |
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| 17 | 18 | | reasonable time to investigate ownership of the property. |
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| 18 | 19 | | (b) A person who is in the business of selling goods or |
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| 19 | 20 | | services as a merchant is not precluded from offering a person who |
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| 20 | 21 | | is suspected of stealing or attempting to steal property from the |
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| 21 | 22 | | merchant an opportunity to complete a theft education program under |
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| 22 | 23 | | Section 124.002 to deter theft and address criminal behavior |
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| 23 | 24 | | instead of reporting the suspected offense to a law enforcement |
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| 24 | 25 | | agency. |
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| 25 | 26 | | (c) A merchant who offers a person an opportunity to |
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| 26 | 27 | | complete a theft education program shall: |
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| 27 | 28 | | (1) notify the person of that opportunity; |
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| 28 | 29 | | (2) inform the person of the civil and criminal |
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| 29 | 30 | | remedies available to the merchant and the state, including |
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| 30 | 31 | | informing the person that the merchant retains the right to report |
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| 31 | 32 | | the suspected offense to a law enforcement agency if the person does |
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| 32 | 33 | | not successfully complete the program; and |
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| 33 | 34 | | (3) maintain records for a period of not less than two |
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| 34 | 35 | | years of: |
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| 35 | 36 | | (A) any criteria used by the merchant in |
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| 36 | 37 | | determining whether to offer a person the opportunity to complete a |
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| 37 | 38 | | theft education program; |
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| 38 | 39 | | (B) the terms of each offer made; and |
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| 39 | 40 | | (C) the name of each person to whom the merchant |
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| 40 | 41 | | made an offer. |
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| 41 | 42 | | (d) A merchant shall make records maintained under |
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| 42 | 43 | | Subsection (c)(3) available to a district attorney, criminal |
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| 43 | 44 | | district attorney, or county attorney on request. |
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| 44 | 45 | | (e) Nothing in this section precludes a peace officer, |
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| 45 | 46 | | district attorney, criminal district attorney, county attorney, or |
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| 46 | 47 | | judge from offering a person a theft education program under |
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| 47 | 48 | | Section 124.002 in compliance with this chapter. |
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| 48 | 49 | | SECTION 2. Chapter 124, Civil Practice and Remedies Code, |
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| 49 | 50 | | is amended by adding Sections 124.002 and 124.003 to read as |
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| 50 | 51 | | follows: |
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| 51 | 52 | | Sec. 124.002. THEFT EDUCATION PROGRAM. (a) A theft |
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| 52 | 53 | | education program for a person who is suspected of stealing or |
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| 53 | 54 | | attempting to steal property under Section 124.001 must: |
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| 54 | 55 | | (1) address the type of alleged criminal offense; |
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| 55 | 56 | | (2) seek to modify the person's behavioral |
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| 56 | 57 | | decision-making process; |
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| 57 | 58 | | (3) engage the person with interactive exercises |
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| 58 | 59 | | designed to instill appropriate societal behavior; and |
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| 59 | 60 | | (4) promote accountability and reconciliation between |
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| 60 | 61 | | the person and the merchant. |
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| 61 | 62 | | (b) A provider of a theft education program may not |
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| 62 | 63 | | discriminate against a person who is otherwise eligible to |
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| 63 | 64 | | participate in the program based on: |
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| 64 | 65 | | (1) the person's race, color, religion, sex, familial |
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| 65 | 66 | | status, or national origin; or |
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| 66 | 67 | | (2) the person's ability to pay. |
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| 67 | 68 | | (c) A program provider that charges a fee for participation |
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| 68 | 69 | | in a theft education program: |
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| 69 | 70 | | (1) shall develop a plan to offer discounts, |
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| 70 | 71 | | alternative payment schedules, or scholarship funds to a person who |
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| 71 | 72 | | the provider has verified is indigent; |
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| 72 | 73 | | (2) may reduce or waive the fee for the program based |
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| 73 | 74 | | on the ability to pay of a person described by Subdivision (1); and |
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| 74 | 75 | | (3) may not compensate a merchant who offers a person |
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| 75 | 76 | | the opportunity to complete the program. |
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| 76 | 77 | | (d) A person may not be required to make an admission of |
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| 77 | 78 | | guilt to participate in a theft education program. |
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| 78 | 79 | | (e) Notwithstanding any other law, a person who |
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| 79 | 80 | | successfully completes a theft education program under this section |
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| 80 | 81 | | may not be subject to any additional civil penalties under any other |
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| 81 | 82 | | provision of law. |
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| 82 | 83 | | Sec. 124.003. IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY. |
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| 83 | 84 | | A person who offers or provides a theft education program in |
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| 84 | 85 | | compliance with this chapter is not criminally or civilly liable |
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| 85 | 86 | | for failure to notify a law enforcement agency of the suspected |
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| 86 | 87 | | theft or attempted theft. |
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| 87 | 88 | | SECTION 3. This Act takes effect September 1, 2021. |
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