H.B. No. 2482

	AN ACT
	relating to the prosecution of and punishment for certain offenses
	involving theft.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 31.01, Penal Code, is amended by adding
	Subdivisions (11) through (14) to read as follows:
	(11)  "Retail merchandise" means one or more items of
	tangible personal property displayed, held, stored, or offered for
	sale in a retail establishment.
	(12)  "Retail theft detector" means an electrical,
	mechanical, electronic, or magnetic device used to prevent or
	detect shoplifting and includes any article or component part
	essential to the proper operation of the device.
	(13)  "Shielding or deactivation instrument" means any
	item or tool designed, made, or adapted for the purpose of
	preventing the detection of stolen merchandise by a retail theft
	detector. The term includes a metal-lined or foil-lined shopping
	bag and any item used to remove a security tag affixed to retail
	merchandise.
	(14)  "Fire exit alarm" has the meaning assigned by
	Section 793.001, Health and Safety Code.
	SECTION 2.  Section 31.03(f), Penal Code, is amended to read
	as follows:
	(f)  An offense described for purposes of punishment by
	Subsections (e)(1)-(6) is increased to the next higher category of
	offense if it is shown on the trial of the offense that:
	(1)  the actor was a public servant at the time of the
	offense and the property appropriated came into the actor's
	custody, possession, or control by virtue of his status as a public
	servant;
	(2)  the actor was in a contractual relationship with
	government at the time of the offense and the property appropriated
	came into the actor's custody, possession, or control by virtue of
	the contractual relationship;
	(3)  the owner of the property appropriated was at the
	time of the offense:
	(A)  an elderly individual; or
	(B)  a nonprofit organization; [or]
	(4)  the actor was a Medicare provider in a contractual
	relationship with the federal government at the time of the offense
	and the property appropriated came into the actor's custody,
	possession, or control by virtue of the contractual relationship;
	or
	(5)  during the commission of the offense, the actor
	intentionally, knowingly, or recklessly:
	(A)  caused a fire exit alarm to sound or
	otherwise become activated;
	(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
	retail theft detector.
	SECTION 3.  Sections 31.16(b), (c), and (d), Penal Code, are
	amended to read as follows:
	(b)  A person commits an offense if 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 $1,500 of]:
	(1)  stolen retail merchandise; or
	(2)  merchandise explicitly represented to the person
	as being stolen retail merchandise.
	(c)  An offense under this section is:
	(1)  a Class B misdemeanor if the total value of the
	merchandise involved in the activity is less than $50;
	(2)  a Class A misdemeanor if the total value of the
	merchandise involved in the activity is $50 or more but less than
	$500;
	(3)  a state jail felony if the total value of the
	merchandise involved in the activity is $500 [$1,500] or more but
	less than $1,500 [$20,000];
	(4) [(2)]  a felony of the third degree if the total
	value of the merchandise involved in the activity is $1,500
	[$20,000] or more but less than $20,000 [$100,000];
	(5) [(3)]  a felony of the second degree if the total
	value of the merchandise involved in the activity is $20,000
	[$100,000] or more but less than $100,000 [$200,000]; or
	(6) [(4)]  a felony of the first degree if the total
	value of the merchandise involved in the activity is $100,000
	[$200,000] or more.
	(d)  An offense described for purposes of punishment by
	Subsections (c)(1)-(5) [(c)(1)-(3)] is increased to the next higher
	category of offense if it is shown on the trial of the offense that:
	(1)  the person organized, supervised, financed, or
	managed one or more other persons engaged in an activity described
	by Subsection (b); or
	(2)  during the commission of the offense, a person
	engaged in an activity described by Subsection (b) intentionally,
	knowingly, or recklessly:
	(A)  caused a fire exit alarm to sound or
	otherwise become activated;
	(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
	retail theft detector.
	SECTION 4.  Sections 31.15(a) and 31.16(a) and (e), Penal
	Code, are repealed.
	SECTION 5.  The changes in law made by this Act apply 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 when 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 before that date.
	SECTION 6.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2482 was passed by the House on April
	27, 2011, by the following vote:  Yeas 148, Nays 0, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2482 was passed by the Senate on May
	19, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor