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AN ACT
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relating to a merchant allowing a person suspected of committing or |
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attempting to commit theft to complete a theft education program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Kevin Kolbye Act. |
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SECTION 2. Section 124.001, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 124.001. SUSPECTED THEFT OF PROPERTY OR ATTEMPTED |
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THEFT OF PROPERTY [DETENTION]. (a) A person who reasonably |
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believes that another has stolen or is attempting to steal property |
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is privileged to detain that person in a reasonable manner and for a |
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reasonable time to investigate ownership of the property. |
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(b) A person who is in the business of selling goods or |
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services as a merchant is not precluded from offering a person who |
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is suspected of stealing or attempting to steal property from the |
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merchant an opportunity to complete a theft education program under |
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Section 124.002 to deter theft and address criminal behavior |
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instead of reporting the suspected offense to a law enforcement |
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agency. |
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(c) A merchant who offers a person an opportunity to |
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complete a theft education program shall: |
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(1) notify the person of that opportunity; |
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(2) inform the person of the civil and criminal |
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remedies available to the merchant and the state, including |
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informing the person that the merchant retains the right to report |
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the suspected offense to a law enforcement agency if the person does |
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not successfully complete the program; and |
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(3) maintain records for a period of not less than two |
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years of: |
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(A) any criteria used by the merchant in |
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determining whether to offer a person the opportunity to complete a |
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theft education program; |
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(B) the terms of each offer made; and |
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(C) the name of each person to whom the merchant |
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made an offer. |
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(d) A merchant shall make records maintained under |
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Subsection (c)(3) available to a district attorney, criminal |
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district attorney, or county attorney on request. |
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(e) Nothing in this section precludes a peace officer, |
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district attorney, criminal district attorney, county attorney, or |
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judge from offering a person a theft education program under |
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Section 124.002 in compliance with this chapter. |
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SECTION 3. Chapter 124, Civil Practice and Remedies Code, |
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is amended by adding Sections 124.002 and 124.003 to read as |
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follows: |
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Sec. 124.002. THEFT EDUCATION PROGRAM. (a) A theft |
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education program for a person who is suspected of stealing or |
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attempting to steal property under Section 124.001 must: |
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(1) address the type of alleged criminal offense; |
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(2) seek to modify the person's behavioral |
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decision-making process; |
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(3) engage the person with interactive exercises |
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designed to instill appropriate societal behavior; and |
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(4) promote accountability and reconciliation between |
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the person and the merchant. |
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(b) A provider of a theft education program may not |
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discriminate against a person who is otherwise eligible to |
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participate in the program based on: |
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(1) the person's race, color, religion, sex, familial |
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status, or national origin; or |
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(2) the person's ability to pay. |
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(c) A program provider that charges a fee for participation |
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in a theft education program: |
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(1) shall develop a plan to offer discounts, |
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alternative payment schedules, or scholarship funds to a person who |
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the provider has verified is indigent; |
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(2) may reduce or waive the fee for the program based |
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on the ability to pay of a person described by Subdivision (1); and |
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(3) may not compensate a merchant who offers a person |
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the opportunity to complete the program. |
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(d) A person may not be required to make an admission of |
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guilt to participate in a theft education program. |
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(e) Notwithstanding any other law, a person who |
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successfully completes a theft education program under this section |
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may not be subject to any additional civil penalties under any other |
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provision of law. |
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Sec. 124.003. IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY. |
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A person who offers or provides a theft education program in |
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compliance with this chapter is not criminally or civilly liable |
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for failure to notify a law enforcement agency of the suspected |
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theft or attempted theft. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2129 was passed by the House on May 6, |
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2023, by the following vote: Yeas 102, Nays 32, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2129 on May 26, 2023, by the following vote: Yeas 117, Nays 23, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2129 was passed by the Senate, with |
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amendments, on May 24, 2023, by the following vote: Yeas 28, Nays |
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3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |