LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION March 11, 2025 TO: Honorable Pete Flores, Chair, Senate Committee on Criminal Justice FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1300 by Flores (Relating to the prosecution and punishment of the criminal offense of organized retail theft; increasing criminal penalties.), As Introduced No significant fiscal implication to the State is anticipated. The bill would establish provisions relating to prosecution of organized retail theft offenses. The bill would redefine retail merchandise to include gift cards. The bill would expand conduct constituting the offense of organized retail theft to include when the defendant acts in concert with another or others, obtains a benefit from another's commission of the offense, overwhelms the security response of a merchant or peace officer to facilitate commission of the offense or to avoid detection or apprehension, or steals money or other property belonging to the merchant. The bill would revise penalties for organized retail theft by removing the Class C misdemeanor penalty, raising all other penalties to the next higher category, and establishing a minimum fifteen year imprisonment for the first degree penalty.While it is assumed that any state revenue impact would not be significant, it would be dependent on the number of offenses committed and the associated court costs. Local Government ImpactWhile it is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant, the Office of Court Administration indicates that justice and municipals courts would see a reduction in cases filings for the offense. Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts LBB Staff: b > td > JMc, MGol, DGI
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
March 11, 2025
TO: Honorable Pete Flores, Chair, Senate Committee on Criminal Justice FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1300 by Flores (Relating to the prosecution and punishment of the criminal offense of organized retail theft; increasing criminal penalties.), As Introduced
TO: Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB1300 by Flores (Relating to the prosecution and punishment of the criminal offense of organized retail theft; increasing criminal penalties.), As Introduced
Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB1300 by Flores (Relating to the prosecution and punishment of the criminal offense of organized retail theft; increasing criminal penalties.), As Introduced
SB1300 by Flores (Relating to the prosecution and punishment of the criminal offense of organized retail theft; increasing criminal penalties.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would establish provisions relating to prosecution of organized retail theft offenses. The bill would redefine retail merchandise to include gift cards. The bill would expand conduct constituting the offense of organized retail theft to include when the defendant acts in concert with another or others, obtains a benefit from another's commission of the offense, overwhelms the security response of a merchant or peace officer to facilitate commission of the offense or to avoid detection or apprehension, or steals money or other property belonging to the merchant. The bill would revise penalties for organized retail theft by removing the Class C misdemeanor penalty, raising all other penalties to the next higher category, and establishing a minimum fifteen year imprisonment for the first degree penalty.While it is assumed that any state revenue impact would not be significant, it would be dependent on the number of offenses committed and the associated court costs.
Local Government Impact
While it is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant, the Office of Court Administration indicates that justice and municipals courts would see a reduction in cases filings for the offense.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
LBB Staff: b > td > JMc, MGol, DGI
JMc, MGol, DGI