89th Legislature

SB 1300

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 1300 seeks to strengthen Texas' legal framework against organized retail theft by streamlining prosecution and increasing penalties. The bill amends the Code of Criminal Procedure and the Penal Code to allow prosecutors to charge individuals based on the total value of stolen goods, rather than listing each stolen item in an indictment. It also introduces new evidentiary standards, making unaltered price tags prima facie evidence of a product’s value and ownership. Additionally, the bill permits prior theft offenses to be considered as evidence of intent or involvement in organized criminal activity.

Author
Peter Flores
Brent Hagenbuch
Juan Hinojosa
Joan Huffman
Phil King
Tan Parker
Co-Author
Carol Alvarado
Paul Bettencourt
Cesar Blanco
Donna Campbell
Brandon Creighton
Bob Hall
Lois Kolkhorst
Jose Menendez
Charles Perry
Kevin Sparks
Royce West
Sponsor
David Cook
John Smithee
A.J. Louderback
Carl Tepper
Pat Curry
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1300 is not expected to have a significant fiscal impact on the state budget. The bill enhances penalties for organized retail theft by eliminating Class C misdemeanor penalties, upgrading all other penalties by one level, and establishing a minimum 15-year imprisonment sentence for first-degree offenses. These changes could lead to increased incarceration costs, but the overall financial impact is considered minimal as it largely depends on the number of cases prosecuted under the new law.

For local governments, the fiscal impact is also expected to be minimal. The bill may result in a reduction of case filings in justice and municipal courts, as lower-level theft offenses would be prosecuted under higher categories. While local law enforcement and judicial systems may see increased costs related to prosecution and incarceration, these are not expected to be substantial according to the Office of Court Administration.

In terms of state revenue, any impact would be insignificant and would primarily depend on court fees and fines collected from prosecuted offenders. However, the deterrent effect of harsher penalties may lead to a decline in retail theft cases over time, potentially reducing long-term enforcement costs.

Vote Recommendation Notes

SB 1300 is a well-targeted legislative response to the growing issue of organized retail theft in Texas, which costs the state hundreds of millions of dollars annually. By enhancing penalties, clarifying prosecution procedures, and strengthening evidentiary standards, the bill seeks to deter criminal organizations from engaging in coordinated retail theft operations. It increases criminal penalties for offenders, streamlines the prosecution process, and ensures that price tags and other markings serve as prima facie evidence of a merchant’s ownership of stolen goods.

The bill aligns with core liberty principles, particularly personal responsibility and private property rights. By holding individuals accountable for their involvement in retail theft rings, SB 1300 reinforces the importance of individual consequences for illegal actions. Furthermore, by protecting businesses from large-scale theft, the bill upholds free enterprise and the right to private property while minimizing economic losses for retailers. Importantly, the bill does not expand government bureaucracy or introduce new regulations, making it a practical and limited intervention aimed at addressing a significant criminal issue.

From a fiscal standpoint, the bill is expected to have minimal financial impact on the state and local governments. The Legislative Budget Board notes that while there may be some increase in prosecution costs, this will be offset by a reduction in minor theft case filings at lower courts. Additionally, by curbing organized retail theft, the bill could help recapture millions in lost tax revenue over time.

Politically, the bill is likely to garner tripartisan support. The Republican Party of Texas (RPT) strongly backs law-and-order measures that protect businesses and property owners. While the Libertarian Party of Texas (LPT) generally opposes increased penalties, this bill focuses on actual property crimes rather than expanding state control. The Texas Democratic Party (TDP) supports criminal justice reforms but also advocates for protecting businesses and workers from economic harm. Given its balanced approach to justice and economic protection, SB 1300 deserves strong support from both sides of the aisle.

Overall, SB 1300 is a measured and necessary response to the rise in organized retail theft, reinforcing personal responsibility, protecting private property, and preserving economic stability in Texas. As such, Texas Policy Research recommends that lawmakers vote YES on SB 1300.

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