Office of House Bill AnalysisS.B. 966
By: Staples
Criminal Jurisprudence
4/8/2001
Engrossed
ENROLLED 05/01/2001 E Sent to the Governor
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BACKGROUND AND PURPOSE
There is concern that the number of retail thefts committed in mercantile
establishments is on the rise. In response to this increase in retail
thefts, many retailers have installed electronic article surveillance
systems. However, some of these thefts may be committed by thieves who
have homemade tools and devices for retail theft including metal or
foil-lined shopping bags that override and evade these surveillance
systems. Senate Bill 966 provides that a person commits a Class A
misdemeanor if the person possesses, sells, manufactures, or distributes a
device intended to shield merchandise from detection by a retail theft
detector.
ANALYSIS
Senate Bill 966 amends the Penal Code to provide that a person commits a
Class A misdemeanor if, with the intent to use the instrument to commit
theft, the person possesses a shielding or deactivation instrument that
evades a retail theft detector or knowingly manufactures, sells, offers for
sale, or otherwise distributes such an instrument.
EFFECTIVE DATE
September 1, 2001.
Office of House Bill AnalysisH.B. 1729
By: Goolsby
Criminal Jurisprudence
4/12/2001
Introduced
BACKGROUND AND PURPOSE
Retail theft offenses committed in mercantile establishments are
increasing. Many retailers combat these increases in retail theft offenses
by installing complex and expensive electronic article surveillance
systems. However, there does exist "professional" retail thieves who travel
to different cities in order to commit such offenses, and despite
increasingly complex surveillance systems some shoplifters are using tools
and devices to override the electronic systems. House Bill 1729 provides
that possession, sale, manufacturing, and distribution of a device intended
to shield merchandise from detection by an electronic or magnetic theft
detector without the permission of the merchant or person owning the
merchandise is a Class A misdemeanor.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.
ANALYSIS
House Bill 1729 amends the Penal Code to provide that a person commits a
Class A misdemeanor if the person possesses a shielding or deactivation
instrument with the intent to use the instrument to commit a theft, or
knowingly manufactures, sells, offers for sale, or otherwise distributes a
shielding or deactivation instrument. The bill also specifies that if
notice is provided, the activation of an electrical, mechanical,
electronic, or magnetic device used by a retail establishment to prevent or
detect shoplifting is grounds for a person to reasonably believe a person
has stolen or is attempting to steal property. The notice must be posted
on the premises of the retail establishment in a manner that is reasonably
likely to come to the attention of the public and must state that the
establishment uses retail theft detectors to prevent or detect shoplifting.
The bill provides that an individual or retail establishment is not liable
for any damage that may arise from conduct authorized by the provisions of
this bill. The bill also sets forth provisions for the prevention of the
consequences of theft.
EFFECTIVE DATE
September 1, 2001.
