Sec. 31.15. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. (a) In this section:
(1) "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.
(2) "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.
(b) A person commits an offense if, with the intent to use the instrument to commit theft, the person:
(1) possesses a shielding or deactivation instrument; or
(2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument.
(c) An offense under this section is a Class A misdemeanor.
Sec. 31.16. ORGANIZED RETAIL THEFT. (a) In this section, "retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment.
(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 state jail felony if the total value of the merchandise involved in the activity is $1,500 or more but less than $20,000;
(2) a felony of the third degree if the total value of the merchandise involved in the activity is $20,000 or more but less than $100,000;
(3) a felony of the second degree if the total value of the merchandise involved in the activity is $100,000 or more but less than $200,000; or
(4) a felony of the first degree if the total value of the merchandise involved in the activity is $200,000 or more.
(d) An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b).
(e) For the purposes of punishment, an offense under this section or an offense described by Section 31.03(e)(1) or (2) is increased to the next highest category of offense if it is shown at the trial of the offense that the defendant, with the intent that a distraction from the commission of the offense be created, intentionally, knowingly, or recklessly caused an alarm to sound or otherwise become activated during the commission of the offense.
