Understanding Texas’s SB 1300: Retail Theft Laws Get Tougher

 Posted on September 23, 2025 in Theft

Texas Senate Bill 1300 takes effect on September 1, 2025. This bill will enhance criminal penalties for organized retail theft. Governor Greg Abbott signed the bill into law in June 2025. The bill allows charging more serious felonies for higher-value thefts, clarifies several specific definitions, and simplifies the legal process for prosecuting organized retail theft. Indictments are now allowed without the necessity of naming each item stolen; an intent can be demonstrated by the use of evidence from prior theft offenses.  

A person who removes a price tag or transfers goods into different packaging can be presumed to have the intent to steal merchandise. The basic definition of organized retail theft has been expanded under the bill to cover various scenarios, including stealing from a single merchant on multiple occasions, overwhelming security personnel, or acting in concert with others to commit a theft, such as a retail "smash and grab."

The law applies only to offenses committed on or after its effective date of September 1. Stolen merchandise will now be calculated based on the merchant’s posted sales price. Previous limitations, such as requiring proof of who specifically committed the theft, have been removed by SB 1300. Only offenses committed after the effective date will be subject to the new laws. If you are being charged with retail theft, it is important that you speak to a knowledgeable Houston, TX criminal defense lawyer.

What Are the Practical Implications of SB 1300?

Small thefts may trigger upgraded penalties when the total value of the items stolen over the course of several thefts bumps up the charges and penalties. Both retail store owners and prosecutors will now have more tools available to prove cases that fall under organized theft, or "smash-and-grabs." Defendants are likely to face more severe charges, even for conduct (such as shoplifting) that was not previously considered particularly serious.

Many misdemeanors involving theft will now be charged as felonies. Defense attorneys will be required to adapt to the new law by carefully scrutinizing whether aggregation was properly shown, challenging evidentiary presumptions, and ensuring that every defendant has the right to confront the evidence against him or her.

Expanded List of What SB 1300 Will Change in the Existing Statutes

Below is an expanded list of the changes being made by SB 1300:

• Indictments will be much easier for prosecutors, as the retail theft statute no longer requires that every stolen item be listed separately. The name of the merchant must be listed, and a value "range" included (i.e., the total value for all stolen items is between $1,700 and $2,500).
• The term "merchant" is now more broadly defined to include any business selling items to the public. The retail merchandise definition has been clarified in the new law.
• There is now a presumption of intent for those who remove or alter price tags, switch price tags, remove labels, barcodes, or retail theft detectors, or swap packaging.
• For very large theft offenses with a high aggregate value, the charge can be as severe as a first-degree felony, carrying substantial prison sentences. Some misdemeanor levels of theft have shifted upward, with the thresholds for felony prosecution adjusted.

One example of these changes would be an individual who makes multiple visits to the same store. Every time the individual is at the store, he or she steals something that has a value of less than $100. Under SB 1300, those multiple visits – and multiple thefts – can now be added together, possibly supporting felony charges for what were once multiple misdemeanors.

Contact a Houston, TX Criminal Defense Lawyer

If you have been charged under the new retail theft laws in Texas, you are likely facing tougher standards. An experienced Houston theft attorney from Murphy & McKinney Law Firm, P.C. is ready to zealously defend you against overreaching allegations. Attorney Murphy has represented virtually everyone – from CEOs of major companies to numerous good, hardworking individuals in a wide range of criminal allegations. Call 713-229-8333 to schedule your initial attorney consultation.