1 | 1 | | H.B. No. 1826 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the establishment of an organized retail theft task |
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6 | 6 | | force. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Subchapter B, Chapter 403, Government Code, is |
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9 | 9 | | amended by adding Section 403.0302 to read as follows: |
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10 | 10 | | Sec. 403.0302. ORGANIZED RETAIL THEFT TASK FORCE. (a) In |
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11 | 11 | | this section, "organized retail theft" means conduct constituting |
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12 | 12 | | an offense under Section 31.16, Penal Code. |
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13 | 13 | | (b) The comptroller shall appoint a task force to study and |
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14 | 14 | | make recommendations related to preventing organized retail theft |
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15 | 15 | | in this state. |
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16 | 16 | | (c) The task force must include: |
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17 | 17 | | (1) at least one representative from a retailer with a |
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18 | 18 | | physical retail location; |
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19 | 19 | | (2) at least one representative from an online |
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20 | 20 | | retailer; and |
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21 | 21 | | (3) representatives from local, state, and federal law |
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22 | 22 | | enforcement agencies. |
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23 | 23 | | (d) The comptroller shall designate a member of the task |
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24 | 24 | | force as the presiding officer. |
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25 | 25 | | (e) The task force shall meet at least quarterly at the call |
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26 | 26 | | of the presiding officer. A task force meeting may be conducted |
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27 | 27 | | virtually through the Internet. |
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28 | 28 | | (f) The task force shall conduct an ongoing study of |
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29 | 29 | | organized retail theft in this state. In conducting the study the |
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30 | 30 | | task force shall: |
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31 | 31 | | (1) review laws and regulations addressing organized |
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32 | 32 | | retail theft in other jurisdictions, including international |
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33 | 33 | | political and economic organizations; |
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34 | 34 | | (2) analyze: |
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35 | 35 | | (A) the impact of organized retail theft on the |
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36 | 36 | | collection of sales tax; |
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37 | 37 | | (B) the long-term economic impacts of organized |
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38 | 38 | | retail theft; and |
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39 | 39 | | (C) the advantages and disadvantages of taking |
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40 | 40 | | various actions to reduce organized retail theft; and |
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41 | 41 | | (3) make recommendations regarding: |
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42 | 42 | | (A) organized retail theft outreach and |
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43 | 43 | | prevention programs, including coordination among stakeholders, |
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44 | 44 | | including local, state, and federal law enforcement agencies; and |
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45 | 45 | | (B) training for law enforcement officers and |
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46 | 46 | | prosecutors on effective strategies for combating organized retail |
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47 | 47 | | theft. |
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48 | 48 | | (g) In conducting the study under Subsection (f), the |
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49 | 49 | | members of the task force may: |
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50 | 50 | | (1) consult with any organization, governmental |
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51 | 51 | | entity, or person the task force considers necessary; and |
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52 | 52 | | (2) collaborate and share information relating to an |
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53 | 53 | | active criminal investigation with one another regardless of |
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54 | 54 | | whether the information would otherwise be confidential and not |
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55 | 55 | | subject to disclosure under Chapter 552. |
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56 | 56 | | (h) Not later than December 1 of each even-numbered year, |
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57 | 57 | | the task force shall prepare and submit a report of the study |
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58 | 58 | | conducted under Subsection (f) to the governor, the lieutenant |
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59 | 59 | | governor, the speaker of the house of representatives, the |
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60 | 60 | | comptroller, and each standing committee of the legislature with |
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61 | 61 | | primary jurisdiction over criminal justice matters. |
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62 | 62 | | (i) The report submitted under Subsection (h): |
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63 | 63 | | (1) must include legislative and other |
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64 | 64 | | recommendations to increase transparency, improve security, |
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65 | 65 | | enhance consumer protections, prevent organized retail theft, and |
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66 | 66 | | address the long-term economic impact of organized retail theft; |
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67 | 67 | | and |
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68 | 68 | | (2) may be submitted electronically. |
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69 | 69 | | (j) Chapter 2110 does not apply to the duration of the task |
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70 | 70 | | force or to the designation of the task force's presiding officer. |
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71 | 71 | | SECTION 2. As soon as practicable after the effective date |
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72 | 72 | | of this Act, the comptroller of public accounts shall appoint the |
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73 | 73 | | organized retail theft task force as required by Section 403.0302, |
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74 | 74 | | Government Code, as added by this Act. |
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75 | 75 | | SECTION 3. This Act takes effect September 1, 2023. |
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76 | 76 | | ______________________________ ______________________________ |
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77 | 77 | | President of the Senate Speaker of the House |
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78 | 78 | | I certify that H.B. No. 1826 was passed by the House on April |
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79 | 79 | | 27, 2023, by the following vote: Yeas 143, Nays 5, 1 present, not |
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80 | 80 | | voting. |
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81 | 81 | | ______________________________ |
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82 | 82 | | Chief Clerk of the House |
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83 | 83 | | I certify that H.B. No. 1826 was passed by the Senate on May |
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84 | 84 | | 17, 2023, by the following vote: Yeas 28, Nays 3. |
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85 | 85 | | ______________________________ |
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86 | 86 | | Secretary of the Senate |
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87 | 87 | | APPROVED: _____________________ |
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88 | 88 | | Date |
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89 | 89 | | _____________________ |
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90 | 90 | | Governor |
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