H.B. No. 4779

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, 2023.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 4779 was passed by the House on May 5, 2023, by the following vote: Yeas 106, Nays 35, 2 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 4779 was passed by the Senate on May 22, 2023, by the following vote: Yeas 29, Nays 2.

______________________________ Secretary of the Senate APPROVED: _____________________

Date

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Governor