bill narrows organized retail theft to resellers

The text as introduced · 567 words

89R6111 JRR-F

By: Bhojani
H.B. No. 2135

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the criminal offense of organized

retail theft.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 31.16, Penal Code, is amended to read as

follows:

Sec. 31.16. ORGANIZED RETAIL THEFT. (a) [ (b) ] A person

commits an offense if , with the intent to support, facilitate, or

engage in the acquisition of stolen retail merchandise and the

redistribution of that merchandise into the supply chain, the

person [ intentionally ] conducts, promotes, or facilitates an

activity in which the person receives, possesses, conceals, stores,

barters, sells, or disposes of a total value of not less than $100

of :

(1) stolen retail merchandise; or

(2) merchandise explicitly represented to the person

as being stolen retail merchandise.

(b) [ (c) ] An offense under this section is:

(1) [ a Class C misdemeanor if the total value of the

merchandise involved in the activity is less than $100;

[ (2) ] a Class B misdemeanor if the total value of the

merchandise involved in the activity is $100 or more but less than

$750;

(2) [ (3) ] a Class A misdemeanor if the total value of

the merchandise involved in the activity is $750 or more but less

than $2,500;

(3) [ (4) ] a state jail felony if the total value of the

merchandise involved in the activity is $2,500 or more but less than

$30,000;

(4) [ (5) ] a felony of the third degree if the total

value of the merchandise involved in the activity is $30,000 or more

but less than $150,000;

(5) [ (6) ] a felony of the second degree if the total

value of the merchandise involved in the activity is $150,000 or

more but less than $300,000; or

(6) [ (7) ] a felony of the first degree if the total

value of the merchandise involved in the activity is $300,000 or

more.

(c) [ (d) ] An offense described for purposes of punishment

by Subsections (b)(1)-(5) [ (c)(1)-(6) ] is increased to the next

higher category of offense if it is shown on the trial of the

offense that:

(1) the person organized, supervised, financed, or

managed one or more other persons engaged in an activity described

by Subsection (a) [ (b) ]; or

(2) during the commission of the offense, a person

engaged in an activity described by Subsection (a) [ (b) ]

intentionally, knowingly, or recklessly:

(A) caused a fire exit alarm to sound or

otherwise become activated;

(B) deactivated or otherwise prevented a fire

exit alarm or retail theft detector from sounding; or

(C) used a shielding or deactivation instrument

to prevent or attempt to prevent detection of the offense by a

retail theft detector.

SECTION 2. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 3. This Act takes effect September 1, 2025.