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Texas Strengthens Legal Tools Against Organized Retail Crime

Written by Constanza Trebilcock | Nov 10, 2025 2:44:32 PM

Effective September 1, 2025, Texas Senate Bill 1300 (SB 1300) marks a decisive step in protecting retailers and communities from the growing threat of Organized Retail Crime (ORC). Passed by the Texas Legislature earlier this year, the bill introduces stronger penalties and clearer definitions for coordinated theft and repeat offenders.

The newly amended statute, Texas Penal Code §31.16, directly aligns with ALTO’s mission to create safer stores and communities.

Key Amendments to Texas Penal Code §31.16 

1. Organized Offenders 

Targets individuals acting in concert with others to:

  • Unlawfully take retail merchandise, money, or property; or
  • Overwhelm store security or law enforcement to avoid detection.
2. Repeat Offenders: 

Establishes enhanced prosecution for individuals who commit two or more thefts within 180 days, even across multiple stores or jurisdictions.

3. Presumed Intent: 

A person is presumed to have acted with intent if they:

  1. Alter or remove price tags or theft-deterrent devices; or
  2. Transfer items into other packaging to disguise them 
4. Penalties by Value of Theft
  • Class B misdemeanor: <$100
  • Class A misdemeanor: $100–$749
  • State jail felony: $750–$2,499
  • Third-degree felony: $2,500–$29,999
  • Second-degree felony: $30,000–$149,999
  • First-degree felony: ≥$150,000

Prior offenses now enhance sentencing, even when prior cases ended in deferred adjudication.

A Step Toward Safer Retail Environments
Organized retail theft doesn’t just affect store losses, it impacts safety, morale, and community confidence. With stronger penalties and clearer legal tools, Texas is working to close the gap between crime and consequence, ensuring offenders face real accountability.

At ALTO, we help businesses navigate these new frameworks, from evidence documentation to legal case advocacy, turning incidents into measurable outcomes.