Bill Text: TX HB2129 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to a merchant allowing a person suspected of committing or attempting to commit theft to complete a theft education program.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB2129 Detail]
Download: Texas-2023-HB2129-Enrolled.html
| H.B. No. 2129 | ||
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| 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 [ |
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| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2129 was passed by the House on May 6, | ||
| 2023, by the following vote: Yeas 102, Nays 32, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 2129 on May 26, 2023, by the following vote: Yeas 117, Nays 23, | ||
| 1 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2129 was passed by the Senate, with | ||
| amendments, on May 24, 2023, by the following vote: Yeas 28, Nays | ||
| 3. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
