87R17860 MEW-D
By: Burns, Collier, Tinderholt, Crockett, H.B. No. 3002
Turner of Tarrant
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. SUSPECTED THEFT OF PROPERTY OR ATTEMPTED
THEFT OF PROPERTY [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:
(1) notify the person of that opportunity;
(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; and
(3) maintain records for a period of not less than two
years of:
(A) any criteria used by the merchant in
determining whether to offer a person the opportunity to complete a
theft education program;
(B) the terms of each offer made; and
(C) the name of each person to whom the merchant
made an offer.
(d) A merchant shall make records maintained under
Subsection (c)(3) available to a district attorney, criminal
district attorney, or county attorney on request.
(e) Nothing in this section precludes a peace officer,
district attorney, criminal district attorney, county attorney, or
judge from offering a person a theft education program under
Section 124.002 in compliance with this chapter.
SECTION 2. Chapter 124, Civil Practice and Remedies Code,
is amended by adding Sections 124.002 and 124.003 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 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.
(c) A program provider that charges a fee for participation
in 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;
(2) may reduce or waive the fee for the program based
on the ability to pay of a person described by Subdivision (1); and
(3) may not compensate a merchant who offers a person
the opportunity to complete the program.
(d) A person may not be required to make an admission of
guilt to participate in a theft education program.
(e) Notwithstanding any other law, a person who
successfully completes a theft education program under this section
may not be subject to any additional civil penalties under any other
provision of law.
Sec. 124.003. IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY.
A person who offers or provides a theft education program in
compliance with this chapter is not criminally or civilly liable
for failure to notify a law enforcement agency of the suspected
theft or attempted theft.
SECTION 3. This Act takes effect September 1, 2021.