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