Tex. Code Crim. Proc. art. 38.51 · Chapter 38. EVIDENCE IN CRIMINAL ACTIONS
EVIDENCE IN PROSECUTION FOR ORGANIZED RETAIL THEFT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this article, "merchant" and "retail merchandise" have the meanings assigned by Section 31.01, Penal Code.
(b) In the prosecution of an offense under Section 31.16, Penal Code:
(1) if issues of intent, knowledge, and whether the defendant was acting in concert with one or more other persons are raised by the defendant's plea of not guilty, evidence that the defendant has participated in any theft offense, other than a theft offense that forms the basis of the offense under Section 31.16, Penal Code, on which the prosecution is based, is admissible:
(A) for the purpose of showing intent or knowledge; or
(B) as evidence that the defendant was acting in concert with one or more other persons;
(2) the unaltered price tag or other marking on retail merchandise identifying the price of the retail merchandise is prima facie evidence of the value of the retail merchandise for purposes of Section 31.08(a-1), Penal Code; and
(3) a price tag or other marking described by Subdivision (2) that identifies or is unique to a merchant is prima facie evidence of the merchant's ownership of the retail merchandise.
Notes and commentary — not statutory text
History
Added by Acts 2025, 89th Leg., R.S., Ch. 815 (S.B. 1300), Sec. 2, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.38.htm
- Text hash
- sha256 c4d93a0112d69e67865ea1192853716957dce368c475a9a6522b2324dfc8a074
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.