Bill Text: TX HB3150 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to a merchant allowing a person suspected of committing or attempting to commit theft to complete a theft education program.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-05-11 - Referred to Criminal Justice [HB3150 Detail]
Download: Texas-2017-HB3150-Engrossed.html
| By: Burns, Leach, Canales, Thierry, et al. | H.B. No. 3150 | |
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| 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. 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, in writing: | ||
| (1) notify the person of that opportunity; and | ||
| (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. | ||
| SECTION 2. Chapter 124, Civil Practice and Remedies Code, | ||
| is amended by adding Section 124.002 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; and | ||
| (2) may reduce or waive the fee for the program based | ||
| on the ability to pay of a person described by Subdivision (1). | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
