The bill, H.B. No. 3167, 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. It establishes a range of penalties from a Class B misdemeanor for thefts under $100 to a first-degree felony for thefts exceeding $300,000, with specific provisions for enhancements based on the nature of the offense. The bill also clarifies that it is not a defense if co-conspirators are not charged or if the offense was facilitated by law enforcement strategies. The changes will take effect on September 1, 2025, and will apply only to offenses committed after that date.

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