By: Burns, Frazier, Thierry H.B. No. 2129
        (Senate Sponsor - Hinojosa)
         (In the Senate - Received from the House May 8, 2023;
  May 9, 2023, read first time and referred to Committee on
  Jurisprudence; May 21, 2023, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 5, Nays 0;
  May 21, 2023, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2129 By:  Hughes
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         HughesX
         JohnsonX
         CreightonX
         HinojosaX
         MiddletonX
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a merchant allowing a person suspected of committing or
  attempting to commit theft to complete a theft education program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Kevin Kolbye Act.
         SECTION 2.  Section 124.001, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 124.001.  SUSPECTED THEFT OF PROPERTY OR ATTEMPTED
  THEFT OF PROPERTY [DETENTION]. (a) A person who reasonably
  believes that another has stolen or is attempting to steal property
  is privileged to detain that person in a reasonable manner and for a
  reasonable time to investigate ownership of the property.
         (b)  A person who is in the business of selling goods or
  services as a merchant is not precluded from offering a person who
  is suspected of stealing or attempting to steal property from the
  merchant an opportunity to complete a theft education program under
  Section 124.002 to deter theft and address criminal behavior
  instead of reporting the suspected offense to a law enforcement
  agency.
         (c)  A merchant who offers a person an opportunity to
  complete a theft education program shall:
               (1)  notify the person of that opportunity;
               (2)  inform the person of the civil and criminal
  remedies available to the merchant and the state, including
  informing the person that the merchant retains the right to report
  the suspected offense to a law enforcement agency if the person does
  not successfully complete the program; and
               (3)  maintain records for a period of not less than two
  years of:
                     (A)  any criteria used by the merchant in
  determining whether to offer a person the opportunity to complete a
  theft education program;
                     (B)  the terms of each offer made; and
                     (C)  the name of each person to whom the merchant
  made an offer.
         (d)  A merchant shall make records maintained under
  Subsection (c)(3) available to a district attorney, criminal
  district attorney, or county attorney on request.
         (e)  Nothing in this section precludes a peace officer,
  district attorney, criminal district attorney, county attorney, or
  judge from offering a person a theft education program under
  Section 124.002 in compliance with this chapter.
         SECTION 3.  Chapter 124, Civil Practice and Remedies Code,
  is amended by adding Sections 124.002 and 124.003 to read as
  follows:
         Sec. 124.002.  THEFT EDUCATION PROGRAM. (a) A theft
  education program for a person who is suspected of stealing or
  attempting to steal property under Section 124.001 must:
               (1)  address the type of alleged criminal offense;
               (2)  seek to modify the person's behavioral
  decision-making process;
               (3)  engage the person with interactive exercises
  designed to instill appropriate societal behavior; and
               (4)  promote accountability and reconciliation between
  the person and the merchant.
         (b)  A provider of a theft education program may not
  discriminate against a person who is otherwise eligible to
  participate in the program based on:
               (1)  the person's race, color, religion, sex, familial
  status, or national origin; or
               (2)  the person's ability to pay.
         (c)  A program provider that charges a fee for participation
  in a theft education program:
               (1)  shall develop a plan to offer discounts,
  alternative payment schedules, or scholarship funds to a person who
  the provider has verified is indigent;
               (2)  may reduce or waive the fee for the program based
  on the ability to pay of a person described by Subdivision (1); and
               (3)  may not compensate a merchant who offers a person
  the opportunity to complete the program.
         (d)  A person may not be required to make an admission of
  guilt to participate in a theft education program.
         (e)  Notwithstanding any other law, a person who
  successfully completes a theft education program under this section
  may not be subject to any additional civil penalties under any other
  provision of law.
         Sec. 124.003.  IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY.
  A person who offers or provides a theft education program in
  compliance with this chapter is not criminally or civilly liable
  for failure to notify a law enforcement agency of the suspected
  theft or attempted theft.
         SECTION 4.  This Act takes effect September 1, 2023.
 
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