85R22798 MEW-D     By: Burns, Leach, Canales, et al. H.B. No. 3150     Substitute the following for H.B. No. 3150:     By:  Workman C.S.H.B. No. 3150       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.  Section 124.001, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 124.001.  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, in writing:                (1)  notify the person of that opportunity; and                (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.          (d)  A merchant who offers a person an opportunity to   complete a theft education program may not receive compensation   directly or indirectly from:                (1)  the person suspected of stealing or attempting to   steal property from the merchant; or                 (2)  the provider of a theft education program   described by Section 124.002.          SECTION 2.  Chapter 124, Civil Practice and Remedies Code,   is amended by adding Section 124.002 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 person is not eligible to participate in a theft   education program if, within the five-year period preceding the   date of the suspected offense, the person has previously attended   any part of a program under this section unless a court that would   have jurisdiction over the prosecution of the suspected offense   allows the person to participate in the program.          (c)  A provider of a theft education program must maintain   records of all persons who have participated in the provider's   theft education program during the preceding five years. On a law   enforcement agency's request, the provider shall disclose to the   agency any records relating to a person's participation in the   program.          (d)  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.          (e)  If a person is not eligible to participate in a theft   education program under Subsection (b), the provider of the program   shall notify the merchant who offered the person the opportunity to   complete the program under Section 124.001.          (f)  A provider of a theft education program may not charge a   fee that exceeds $500 for participation in the program.          (g)  A provider of 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; and                (2)  may reduce or waive the fee for the program based   on the ability to pay of a person described by Subdivision (1).          SECTION 3.  This Act takes effect September 1, 2017.