Bill: HB 3150, 85(R) - 2017
Committee
House Business & Industry
Vote Recommendation
Vote Recommendation |
Economic Freedom |
Property Rights |
Personal Responsibility |
Limited Government |
Individual Liberty |
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
WalmartÂ