By: Bhojani, Moody, Rose, Darby, Leach H.B. No. 4779
 
 
 
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, 2023.