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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of an organized retail theft task |
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force. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 403, Government Code, is |
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amended by adding Section 403.0302 to read as follows: |
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Sec. 403.0302. ORGANIZED RETAIL THEFT TASK FORCE. (a) In |
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this section, "organized retail theft" means conduct constituting |
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an offense under Section 31.16, Penal Code. |
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(b) The comptroller shall appoint a task force to study and |
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make recommendations related to preventing organized retail theft |
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in this state. |
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(c) The task force must include: |
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(1) at least one representative from a retailer with a |
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physical retail location; |
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(2) at least one representative from an online |
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retailer; and |
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(3) representatives from local, state, and federal law |
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enforcement agencies. |
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(d) The comptroller shall designate a member of the task |
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force as the presiding officer. |
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(e) The task force shall meet at least quarterly at the call |
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of the presiding officer. A task force meeting may be conducted |
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virtually through the Internet. |
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(f) The task force shall conduct an ongoing study of |
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organized retail theft in this state. In conducting the study the |
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task force shall: |
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(1) review laws and regulations addressing organized |
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retail theft in other jurisdictions, including international |
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political and economic organizations; |
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(2) analyze: |
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(A) the impact of organized retail theft on the |
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collection of sales tax; |
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(B) the long-term economic impacts of organized |
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retail theft; and |
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(C) the advantages and disadvantages of taking |
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various actions to reduce organized retail theft; and |
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(3) make recommendations regarding: |
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(A) organized retail theft outreach and |
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prevention programs, including coordination among stakeholders, |
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including local, state, and federal law enforcement agencies; and |
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(B) training for law enforcement officers and |
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prosecutors on effective strategies for combating organized retail |
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theft. |
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(g) In conducting the study under Subsection (f), the |
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members of the task force may: |
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(1) consult with any organization, governmental |
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entity, or person the task force considers necessary; and |
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(2) collaborate and share information relating to an |
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active criminal investigation with one another regardless of |
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whether the information would otherwise be confidential and not |
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subject to disclosure under Chapter 552. |
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(h) Not later than December 1 of each even-numbered year, |
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the task force shall prepare and submit a report of the study |
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conducted under Subsection (f) to the governor, the lieutenant |
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governor, the speaker of the house of representatives, the |
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comptroller, and each standing committee of the legislature with |
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primary jurisdiction over criminal justice matters. |
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(i) The report submitted under Subsection (h): |
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(1) must include legislative and other |
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recommendations to increase transparency, improve security, |
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enhance consumer protections, prevent organized retail theft, and |
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address the long-term economic impact of organized retail theft; |
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and |
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(2) may be submitted electronically. |
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(j) Chapter 2110 does not apply to the duration of the task |
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force or to the designation of the task force's presiding officer. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the comptroller of public accounts shall appoint the |
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organized retail theft task force as required by Section 403.0302, |
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Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |