Bill

HB 3150

85(R) - 2017
House Business & Industry
House Business & Industry
Business, Industry, & Commerce
Crimes

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Positive
  • Positive
  • Positive

Author(s)

DeWayne Burns

Bill Caption

Relating to a merchant allowing a person suspected of committing or attempting to commit theft to complete a theft education program.

Fiscal Notes

No fiscal implication to the State is anticipated. 

Bill Analysis

This bill would amend the Civil Practice and Remedies Code to allow a merchant to offer a person who is suspected of stealing, or attempting to steal, an opportunity to complete a theft education program instead of reporting the theft to law enforcement. The merchant would have to provide written information to the defendant informing them of civil and criminal remedies available to the merchant if the defendant does not complete the program. A merchant who offers a person the opportunity to complete this program may not receive compensation directly or indirectly from the person suspected of stealing or the provider of a theft education program.

This bill would also establish a theft education program for a person who is suspected of stealing or attempted to steal property from a merchant. The program must address the type of the alleged criminal offense, and to seek to modify the person’s behavioral decision making process, engage the individual with interactive exercises designed to instill appropriate societal behavior, and promote accountability and reconciliation between the person and the merchant. A person would not be eligible for this program if a person attended any part of this program in the preceding five years, unless a court specifically authorizes it. This bill includes some requirements for the provider of the program to maintain records and prevents them from discriminating against participants. Finally, this bill authorizes a provider to charge a fee not to exceed $500 for participation in this program.  

Vote Recommendation Notes

This bill enhances our commitment to limited government, individual liberty, and personal responsibility by allowing an alternative means of restoration that satisfies an injustice outside of the criminal justice system in a way that is agreeable to the victim, holds the perpetrator accountable, and affords an opportunity for corrective behavior without the negative consequences of a criminal history. We support HB 3150. 

Organizations Supporting

Texas Public Policy Foundation
Texas Retailers Association
Walmart