Section 31.16 - Organized Retail Theft(a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011.(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: (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 Class C misdemeanor if the total value of the merchandise involved in the activity is less than $100;(2) a Class B misdemeanor if the total value of the merchandise involved in the activity is $100 or more but less than $750;(3) a Class A misdemeanor if the total value of the merchandise involved in the activity is $750 or more but less than $2,500;(4) a state jail felony if the total value of the merchandise involved in the activity is $2,500 or more but less than $30,000;(5) a felony of the third degree if the total value of the merchandise involved in the activity is $30,000 or more but less than $150,000;(6) a felony of the second degree if the total value of the merchandise involved in the activity is $150,000 or more but less than $300,000; or(7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more.(d) An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or(2) during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (A) caused a fire exit alarm to sound or otherwise become activated;(B) deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or(C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector.(e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1251,Sec. 13, eff. 9/1/2015.Amended By Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 3, eff. 9/1/2011.Amended By Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. 9/1/2011.Added by Acts 2007, 80th Leg., R.S., Ch. 1274, Sec. 1, eff. 9/1/2007.