HB 2135

relating to the prosecution of the criminal offense of organized
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 31.16, Penal Code, is amended to read as
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
(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
(2) [(3)]  a Class A misdemeanor if the total value of
the merchandise involved in the activity is $750 or more but less
(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
(4) [(5)]  a felony of the third degree if the total
value of the merchandise involved in the activity is $30,000 or more
(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
(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
(1)  the person organized, supervised, financed, or
managed one or more other persons engaged in an activity described
(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
(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
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
SECTION 3.  This Act takes effect September 1, 2025.