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. The law expands the offense definition, raises penalties, and adds pleading and evidence rules that make these cases easier for the State to bring. If you are arrested or under investigation in Fort Worth or Tarrant County, 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. It’s sufficient to name the merchant and, if relevant, allege the aggregate value range. (New CCP Art. 21.155.)
  
  

• Evidence rules: New CCP Art. 38.51 lets the State 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 & scope: "Retail merchandise" now expressly includes gift cards; "merchant" is defined; and Penal Code §31.16 now reaches coordinated theft, two or more thefts within 180 days, obtaining a benefit from someone else’s theft, and conduct that overwhelms a security response. It also creates presumptions of intent (e.g., removing a price tag or moving goods into different packaging).
  
  

• Penalties: The law eliminates Class C and bumps every level up one step; the first-degree level now starts at $150,000. It used to be $300,000. The top punishment is 15–99 years and up to $250,000 in fines, which applies only to offenses committed on/after Sept. 1, 2025.
  
  

Organized Retail Theft vs. Ordinary Theft

Ordinary theft under §31.03 typically involves a single act with penalties tied to value, and the State doesn’t get the new presumptions. Organized retail theft under §31.16 allows aggregation, broader conduct theories, and use of price-tag/ownership presumptions and concert-of-action evidence. What might once have been a misdemeanor can now be a felony under the aggregation pathways.

Why This Matters in Fort Worth & Tarrant County

Expect more aggregation counts, leaner indictments, and heavier sentencing exposure. Defense work now often turns on challenging aggregation, rebutting presumptions, limiting "other thefts" evidence, and litigating notice in the charging instrument. Also, timing is critical: conduct before Sept. 1, 2025 stays 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 criminal defense attorney. At The Dameron Law Firm, we stay current on Texas law and fight for the best attainable outcomes. Call 817-222-0624 to schedule a free consultation today.