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A BILL TO BE ENTITLED
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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. 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. 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, in writing: |
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(1) notify the person of that opportunity; and |
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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. |
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(d) A merchant who offers a person an opportunity to |
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complete a theft education program may not receive compensation |
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directly or indirectly from: |
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(1) the person suspected of stealing or attempting to |
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steal property from the merchant; or |
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(2) the provider of a theft education program |
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described by Section 124.002. |
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SECTION 2. Chapter 124, Civil Practice and Remedies Code, |
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is amended by adding Section 124.002 to read as 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 person is not eligible to participate in a theft |
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education program if, within the five-year period preceding the |
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date of the suspected offense, the person has previously attended |
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any part of a program under this section unless a court that would |
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have jurisdiction over the prosecution of the suspected offense |
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allows the person to participate in the program. |
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(c) A provider of a theft education program must maintain |
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records of all persons who have participated in the provider's |
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theft education program during the preceding five years. On a law |
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enforcement agency's request, the provider shall disclose to the |
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agency any records relating to a person's participation in the |
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program. |
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(d) 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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(e) If a person is not eligible to participate in a theft |
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education program under Subsection (b), the provider of the program |
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shall notify the merchant who offered the person the opportunity to |
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complete the program under Section 124.001. |
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(f) A provider of a theft education program may not charge a |
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fee that exceeds $500 for participation in the program. |
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(g) A provider of 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; and |
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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). |
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SECTION 3. This Act takes effect September 1, 2017. |