BILL ANALYSIS



H.B. 431
By: Jackson
3-6-95
Committee Report (Unamended)


BACKGROUND

Current law does not allow a shoplifter to be charged with an
offense until he is outside of the business or the establishment. 
Because of this, merchants may find it difficult to apprehend
shoplifters while still inside the place of business and recover
stolen goods or property.  

PURPOSE

If enacted, H.B. 431 would create a chargeable offense for
shoplifting when the offender is caught with concealed merchandise
prior to leaving the premises.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 31.03, Penal Code, by adding a new
Subsection (d) and relettering and amending existing Subsections
(d)-(f) as Subsections (e)-(g) as follows:

     (d) States that a person's intent to deprive an owner of
     property may be shown by evidence that the person concealed or
     attempted to conceal the property.

SECTION 2.  Effective date:  September 1, 1995.  Makes application
of this Act prospective.

SECTION 3.  Emergency clause.


SUMMARY OF COMMITTEE ACTION

H.B. 431 was considered in a public hearing on March 6, 1995.  The
following person testified in favor of the bill:

     James Kite, representing the Pasadena Chamber of Commerce.

The following person testified on the bill:

     Sherry Wallace, representing John Vance, Criminal District
     Attorney, Dallas County.

On March 6, 1995, H.B. 431 was reported favorably without
amendment, with the recommendation that it do pass and be printed,
by a record vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.