Texas’s September 1, 2025 Overhaul of Organized Retail Theft

 Posted on October 17, 2025 in Theft

On September 1, 2025, Senate Bill 1300 (SB 1300) reshaped how Texas charges and punishes organized retail theft. With this law, more actions are included under the definition of the charges, penalties are more severe, and there are additional pleading and evidence rules that make these cases easier for the State to bring and harder for defendents to fight. If you are arrested or under investigationfor organized retail theft, understanding how this differs from ordinary theft is critical. A Fort Forth, TX criminal defense lawyer can explain your options.

What Changed Under SB 1300?

• Indictments: Prosecutors no longer have to list each stolen item. Under CCP Art. 21.155, it is enough to name the merchant and an estimation of the total value that was stolen.

• Evidence rules: CCP Art. 38.51 lets prosecuters use unaltered price tags/merchant markings as prima facie evidence of value and ownership and, in certain circumstances, admit other thefts to show intent/acting in concert.

• Definitions and scope: "Retail merchandise" now expressly includes gift cards and Penal Code §31.16 now reaches coordinated theft, two or more thefts within 180 days, benefiting from someone else’s theft, and conduct that overwhelms a security response. It also includes actions like removing a price tag or moving goods into different packaging, which can be considered presumptions of intent to steal.

• Penalties: The law eliminates Class C and bumps every level up one step. The first-degree level used to be $300,000 worth of stolen goods and now starts at $150,000. The top punishment for offenses allegedly committed on or after September 1, 2025 is 15–99 years and up to $250,000 in fines.

Organized Retail Theft vs. Ordinary Theft

Ordinary theft under §31.03 typically involves a single act with penalties tied to the value that was stolen. Organized retail theft under §31.16 allows aggregation, broader conduct theories, and use of evidence that was not allowed before the new law changes. What might once have been a misdemeanor can now be a felony, depending on several factors.

How Are Defendants Impacted by the New Organized Retail Theft Law in Texas?

It can now be easier to indict someone and people who are convicted can expect heavier sentences. Defense lawyers need to fcosu on challenging aggregation, refuting presumptions, and limiting evidence related to other thefts. Timing is critical: charges for incidents that too place before September 1, 2025 stay under the former law.

Schedule a Free Consultation with a Fort Worth, TX Criminal Defense Lawyer

If you are facing theft charges and need to understand how SB 1300 may affect your case, speak with a Tarrant County, TX criminal defense attorney. At The Dameron Law Firm, we stay current on Texas law and fight for the best outcomes for our clients. Call 817-222-0624 to schedule a free consultation today.