HBA-KDB S.B. 966 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 966
By: Staples
Criminal Jurisprudence
4/8/2001
Engrossed



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.  

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

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.