By Goolsby H.B. No. 1729
77R2674 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to preventing the consequences of theft, including retail
1-3 theft; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 31, Penal Code, is amended by adding
1-6 Section 31.15 to read as follows:
1-7 Sec. 31.15. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF
1-8 CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. (a) In this
1-9 section:
1-10 (1) "Retail theft detector" means an electrical,
1-11 mechanical, electronic, or magnetic device used to prevent or
1-12 detect shoplifting and includes any article or component part
1-13 essential to the proper operation of the device.
1-14 (2) "Shielding or deactivation instrument" means any
1-15 item or tool designed, made, or adapted for the purpose of
1-16 preventing the detection of stolen merchandise by a retail theft
1-17 detector. The term includes a metal-lined or foil-lined shopping
1-18 bag and any item used to remove a security tag affixed to retail
1-19 merchandise.
1-20 (b) A person commits an offense if the person:
1-21 (1) possesses a shielding or deactivation instrument
1-22 with the intent to use the instrument to commit a theft; or
1-23 (2) knowingly manufactures, sells, offers for sale, or
1-24 otherwise distributes a shielding or deactivation instrument.
2-1 (c) An offense under this section is a Class A misdemeanor.
2-2 SECTION 2. Section 124.001, Civil Practice and Remedies Code,
2-3 is amended to read as follows:
2-4 Sec. 124.001. DETENTION. (a) A person who reasonably
2-5 believes that another has stolen or is attempting to steal property
2-6 is privileged to detain that person in a reasonable manner and for
2-7 a reasonable time to investigate ownership of the property.
2-8 (b) For the purposes of this section, if notice is provided
2-9 as described by this subsection, the activation of an electrical,
2-10 mechanical, electronic, or magnetic device used by a retail
2-11 establishment to prevent or detect shoplifting is grounds for a
2-12 person to reasonably believe another has stolen or is attempting to
2-13 steal property. A notice provided under this subsection must be
2-14 posted on the premises of the retail establishment in a manner that
2-15 is reasonably likely to come to the attention of the public and
2-16 must state that the establishment uses retail theft detectors to
2-17 prevent or detect shoplifting.
2-18 (c) An individual or retail establishment is not liable for
2-19 damages arising from conduct authorized by this section.
2-20 SECTION 3. Article 18.16, Code of Criminal Procedure, is
2-21 amended to read as follows:
2-22 Art. 18.16. PREVENTING CONSEQUENCES OF THEFT. Any person
2-23 has [All persons have] a right to prevent the consequences of theft
2-24 by seizing any personal property that [which] has been stolen and
2-25 bringing it, with the person suspected of committing the theft
2-26 [supposed offender], if that person [he] can be taken, before a
2-27 magistrate for examination, or delivering the property and the
3-1 person suspected of committing the theft [same] to a peace officer
3-2 for that purpose. To justify a [such] seizure under this article,
3-3 there must[, however,] be reasonable ground to believe [suppose]
3-4 the property is [to be] stolen, and the seizure must be openly made
3-5 and the proceedings had without delay.
3-6 SECTION 4. The change in law made by this Act applies only to
3-7 an offense committed on or after the effective date of this Act.
3-8 An offense committed before the effective date of this Act is
3-9 covered by the law in effect when the offense was committed, and
3-10 the former law is continued in effect for that purpose. For
3-11 purposes of this section, an offense was committed before the
3-12 effective date of this Act if any element of the offense occurred
3-13 before that date.
3-14 SECTION 5. This Act takes effect September 1, 2001.