Texas 2023 - 88th Regular

Texas House Bill HB2129 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2129
2	2
3	3
4	4	AN ACT
5	5	relating to a merchant allowing a person suspected of committing or
6	6	attempting to commit theft to complete a theft education program.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. This Act may be cited as the Kevin Kolbye Act.
9	9	SECTION 2. Section 124.001, Civil Practice and Remedies
10	10	Code, is amended to read as follows:
11	11	Sec. 124.001. SUSPECTED THEFT OF PROPERTY OR ATTEMPTED
12	12	THEFT OF PROPERTY [DETENTION]. (a) A person who reasonably
13	13	believes that another has stolen or is attempting to steal property
14	14	is privileged to detain that person in a reasonable manner and for a
15	15	reasonable time to investigate ownership of the property.
16	16	(b) A person who is in the business of selling goods or
17	17	services as a merchant is not precluded from offering a person who
18	18	is suspected of stealing or attempting to steal property from the
19	19	merchant an opportunity to complete a theft education program under
20	20	Section 124.002 to deter theft and address criminal behavior
21	21	instead of reporting the suspected offense to a law enforcement
22	22	agency.
23	23	(c) A merchant who offers a person an opportunity to
24	24	complete a theft education program shall:
25	25	(1) notify the person of that opportunity;
26	26	(2) inform the person of the civil and criminal
27	27	remedies available to the merchant and the state, including
28	28	informing the person that the merchant retains the right to report
29	29	the suspected offense to a law enforcement agency if the person does
30	30	not successfully complete the program; and
31	31	(3) maintain records for a period of not less than two
32	32	years of:
33	33	(A) any criteria used by the merchant in
34	34	determining whether to offer a person the opportunity to complete a
35	35	theft education program;
36	36	(B) the terms of each offer made; and
37	37	(C) the name of each person to whom the merchant
38	38	made an offer.
39	39	(d) A merchant shall make records maintained under
40	40	Subsection (c)(3) available to a district attorney, criminal
41	41	district attorney, or county attorney on request.
42	42	(e) Nothing in this section precludes a peace officer,
43	43	district attorney, criminal district attorney, county attorney, or
44	44	judge from offering a person a theft education program under
45	45	Section 124.002 in compliance with this chapter.
46	46	SECTION 3. Chapter 124, Civil Practice and Remedies Code,
47	47	is amended by adding Sections 124.002 and 124.003 to read as
48	48	follows:
49	49	Sec. 124.002. THEFT EDUCATION PROGRAM. (a) A theft
50	50	education program for a person who is suspected of stealing or
51	51	attempting to steal property under Section 124.001 must:
52	52	(1) address the type of alleged criminal offense;
53	53	(2) seek to modify the person's behavioral
54	54	decision-making process;
55	55	(3) engage the person with interactive exercises
56	56	designed to instill appropriate societal behavior; and
57	57	(4) promote accountability and reconciliation between
58	58	the person and the merchant.
59	59	(b) A provider of a theft education program may not
60	60	discriminate against a person who is otherwise eligible to
61	61	participate in the program based on:
62	62	(1) the person's race, color, religion, sex, familial
63	63	status, or national origin; or
64	64	(2) the person's ability to pay.
65	65	(c) A program provider that charges a fee for participation
66	66	in a theft education program:
67	67	(1) shall develop a plan to offer discounts,
68	68	alternative payment schedules, or scholarship funds to a person who
69	69	the provider has verified is indigent;
70	70	(2) may reduce or waive the fee for the program based
71	71	on the ability to pay of a person described by Subdivision (1); and
72	72	(3) may not compensate a merchant who offers a person
73	73	the opportunity to complete the program.
74	74	(d) A person may not be required to make an admission of
75	75	guilt to participate in a theft education program.
76	76	(e) Notwithstanding any other law, a person who
77	77	successfully completes a theft education program under this section
78	78	may not be subject to any additional civil penalties under any other
79	79	provision of law.
80	80	Sec. 124.003. IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY.
81	81	A person who offers or provides a theft education program in
82	82	compliance with this chapter is not criminally or civilly liable
83	83	for failure to notify a law enforcement agency of the suspected
84	84	theft or attempted theft.
85	85	SECTION 4. This Act takes effect September 1, 2023.
86	86	______________________________ ______________________________
87	87	President of the Senate Speaker of the House
88	88	I certify that H.B. No. 2129 was passed by the House on May 6,
89	89	2023, by the following vote: Yeas 102, Nays 32, 2 present, not
90	90	voting; and that the House concurred in Senate amendments to H.B.
91	91	No. 2129 on May 26, 2023, by the following vote: Yeas 117, Nays 23,
92	92	1 present, not voting.
93	93	______________________________
94	94	Chief Clerk of the House
95	95	I certify that H.B. No. 2129 was passed by the Senate, with
96	96	amendments, on May 24, 2023, by the following vote: Yeas 28, Nays
97	97	3.
98	98	______________________________
99	99	Secretary of the Senate
100	100	APPROVED: __________________
101	101	Date
102	102	__________________
103	103	Governor