The bill, S.B. No. 1300, aims to enhance the prosecution and penalties associated with organized retail theft in Texas. It introduces new legal provisions, specifically adding Article 21.155 to the Code of Criminal Procedure, which allows for indictments in organized retail theft cases to be sufficient without naming each stolen item, provided the merchant's name and the aggregate value range of the stolen property are included. Additionally, Article 38.51 is added to establish that evidence of prior theft offenses can be admissible to demonstrate intent or knowledge in organized retail theft cases. The bill also amends the definitions of "retail merchandise" and "merchant" in the Penal Code, clarifying that retail merchandise includes gift cards and that a merchant is any business selling items to the public.

Furthermore, the bill significantly increases the penalties for organized retail theft, categorizing offenses based on the value of stolen property, with penalties ranging from Class B misdemeanors for thefts under $100 to first-degree felonies for thefts exceeding $300,000. It also establishes that a person can be presumed to have acted with intent to deprive a merchant of property if they alter or remove price tags or transfer merchandise to different packaging. The changes in law will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025.

Statutes affected:
Introduced: Penal Code 31.01, Penal Code 31.08, Penal Code 31.16 (Penal Code 31)