Burns, 011122 TXAGO, AGO RQ-0444-KP

Docket NºAGO RQ-0444-KP
Case DateJanuary 11, 2022
CourtTexas
DeWayne Burns, Chair
AGO RQ-0444-KP
No. RQ-0444-KP
Texas Attorney General Opinion
January 11, 2022
         TEXAS HOUSE OF REPRESENTATIVE COMMITTEE ON AGRICULTURE & LIVESTOCK          DeWayne Burns, Chair          Charles “Doc” Anderson, Vice Chair          Attention: Opinion Committee          P.O. Box 12548          Austin, Texas 78711-2548          Re: Request for an opinion regarding whether a merchant, operating under the authority of Section 124.001 of the Texas Civil Practices and Remedies Code, may offer a theft deterrent course in lieu of arrest and prosecution and whether or not doing so would expose a merchant or educational provider to civil or criminal liability          Dear General Paxton:          The retail industry in the United States has yet to solve its growing problem of "retail shrink," which is defined as u'the difference between the amount of merchandise (or inventory) that the retail company owns on its books, and the results of a physical count of the merchandise." In 2019, it was estimated that $49 Billion was lost in this country to retail shrink, which involves loss from theft, shoplifting, error, or fraud.          A large portion of the industry's astronomical annual retail shrink can be attributed to shoplifting. According to the National Association of Shoplifting Prevention (NASP)2, stores lose over $45,000,000 each day to shoplifting alone.          The National Retail Foundation 3warns that the problem is escalating, too. From NRF Vice President for Research Development and Industry Analysis Mark Mathews:
"Between an increase in incidents and new ways to steal, shrink is at an all-time high. Loss prevention experts are facing unprecedented challenges from individual shoplifters to organized gangs to highly skilled cybercriminals. Retailers are responding with both traditional methods and the latest technology, but this is an ongoing challenge that can only be won with the support of lawmakers and law enforcement. "
         The escalating trend in retail shrink means that stores...

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