88R20242 SHH-D
By: Turner, Raney H.B. No. 1826
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an organized retail theft task
force.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 403, Government Code, is
amended by adding Section 403.0302 to read as follows:
Sec. 403.0302. ORGANIZED RETAIL THEFT TASK FORCE. (a) In
this section, "organized retail theft" means conduct constituting
an offense under Section 31.16, Penal Code.
(b) The comptroller shall appoint a task force to study and
make recommendations related to preventing organized retail theft
in this state.
(c) The task force must include:
(1) at least one representative from a retailer with a
physical retail location;
(2) at least one representative from an online
retailer; and
(3) representatives from local, state, and federal law
enforcement agencies.
(d) The comptroller shall designate a member of the task
force as the presiding officer.
(e) The task force shall meet at least quarterly at the call
of the presiding officer. A task force meeting may be conducted
virtually through the Internet.
(f) The task force shall conduct an ongoing study of
organized retail theft in this state. In conducting the study the
task force shall:
(1) review laws and regulations addressing organized
retail theft in other jurisdictions, including international
political and economic organizations;
(2) analyze:
(A) the impact of organized retail theft on the
collection of sales tax;
(B) the long-term economic impacts of organized
retail theft; and
(C) the advantages and disadvantages of taking
various actions to reduce organized retail theft; and
(3) make recommendations regarding:
(A) organized retail theft outreach and
prevention programs, including coordination among stakeholders,
including local, state, and federal law enforcement agencies; and
(B) training for law enforcement officers and
prosecutors on effective strategies for combating organized retail
theft.
(g) In conducting the study under Subsection (f), the
members of the task force may:
(1) consult with any organization, governmental
entity, or person the task force considers necessary; and
(2) collaborate and share information relating to an
active criminal investigation with one another regardless of
whether the information would otherwise be confidential and not
subject to disclosure under Chapter 552.
(h) Not later than December 1 of each even-numbered year,
the task force shall prepare and submit a report of the study
conducted under Subsection (f) to the governor, the lieutenant
governor, the speaker of the house of representatives, the
comptroller, and each standing committee of the legislature with
primary jurisdiction over criminal justice matters.
(i) The report submitted under Subsection (h):
(1) must include legislative and other
recommendations to increase transparency, improve security,
enhance consumer protections, prevent organized retail theft, and
address the long-term economic impact of organized retail theft;
and
(2) may be submitted electronically.
(j) Chapter 2110 does not apply to the duration of the task
force or to the designation of the task force's presiding officer.
SECTION 2. As soon as practicable after the effective date
of this Act, the comptroller of public accounts shall appoint the
organized retail theft task force as required by Section 403.0302,
Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.