Relating to the prosecution and punishment of the criminal offense of organized retail theft; increasing criminal penalties.

Contracts

• Security Vendor MSAs: Review Master Services Agreements with third-party guard services. The law creates a specific enhancement for "overwhelming the security response." Vendor incident reports must now explicitly state when and how guards were outnumbered or bypassed, as this narrative is now a prerequisite for felony enhancements.
• IT/Inventory Vendors: Ensure inventory management software can generate theft reports that calculate "aggregate value" inclusive of sales tax, as the law permits this higher valuation threshold.

Hiring/Training

• Loss Prevention (LP) Retraining: Retrain LP staff on the "Aggregate Rule" (Art. 21.155). Staff should stop wasting time itemizing every single SKU at the scene for the initial police report; the law now requires only the merchant's name and the total value range.
• Evidence Collection: Train staff to photograph the specific price tag and merchant barcode/RFID on recovered goods. The law establishes these as *prima facie* evidence of value and ownership, respectively, reducing the need for live testimony to prove these elements.

Reporting & Record-Keeping

• Gift Card Classification: Update internal theft reporting codes to classify unactivated or activated gift cards as "Retail Merchandise." These now count toward the dollar threshold for felony charges.
• Repeat Offender Database: Retain video footage and incident reports of known offenders even if no prosecution occurred. The law now explicitly permits evidence of prior acts to prove "intent" or "acting in concert," allowing you to build a felony case against repeat low-level offenders.

Fees & Costs

• No New Fees: There are no new state fees for businesses.
• Restitution Impact: By codifying "sales price" (including tax) as the standard for value, businesses are better positioned to claim full market value rather than wholesale cost during restitution hearings.