PENAL CODE CHAPTER 31.

THEFT

§ 31.01. DEFINITIONS. In this chapter:
(1) "Deception" means:
(A) creating or confirming by words or conduct a
false impression of law or fact that is likely to affect the
judgment of another in the transaction, and that the actor does not
believe to be true;
(B) failing to correct a false impression of law
or fact that is likely to affect the judgment of another in the
transaction, that the actor previously created or confirmed by
words or conduct, and that the actor does not now believe to be
true;
(C) preventing another from acquiring

information likely to affect his judgment in the transaction;
(D) selling or otherwise transferring or
encumbering property without disclosing a lien, security interest,
adverse claim, or other legal impediment to the enjoyment of the
property, whether the lien, security interest, claim, or impediment
is or is not valid, or is or is not a matter of official record; or
(E) promising performance that is likely to
affect the judgment of another in the transaction and that the actor
does not intend to perform or knows will not be performed, except
that failure to perform the promise in issue without other evidence
of intent or knowledge is not sufficient proof that the actor did
not intend to perform or knew the promise would not be performed.
(2) "Deprive" means:
(A) to withhold property from the owner
permanently or for so extended a period of time that a major portion
of the value or enjoyment of the property is lost to the owner;
(B) to restore property only upon payment of
reward or other compensation; or
(C) to dispose of property in a manner that makes
recovery of the property by the owner unlikely.
(3) "Effective consent" includes consent by a person
legally authorized to act for the owner. Consent is not effective
if:
(A) induced by deception or coercion;
(B) given by a person the actor knows is not
legally authorized to act for the owner;
(C) given by a person who by reason of youth,
mental disease or defect, or intoxication is known by the actor to
be unable to make reasonable property dispositions;
(D) given solely to detect the commission of an
offense; or
(E) given by a person who by reason of advanced
age is known by the actor to have a diminished capacity to make
informed and rational decisions about the reasonable disposition of
property.
(4) "Appropriate" means:
(A) to bring about a transfer or purported
transfer of title to or other nonpossessory interest in property,
whether to the actor or another; or
(B) to acquire or otherwise exercise control over
property other than real property.
(5) "Property" means:
(A) real property;
(B) tangible or intangible personal property
including anything severed from land; or
(C) a document, including money, that represents
or embodies anything of value.
(6) "Service" includes:
(A) labor and professional service;
(B) telecommunication, public utility, or
transportation service;
(C) lodging, restaurant service, and
entertainment; and
(D) the supply of a motor vehicle or other
property for use.
(7) "Steal" means to acquire property or service by
theft.
(8) "Certificate of title" has the meaning assigned by
Section 501.002, Transportation Code.
(9) "Used or secondhand motor vehicle" means a used
motor vehicle, as that term is defined by Section 501.002,
Transportation Code.
(10) "Elderly individual" has the meaning assigned by
Section 22.04(c).

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 914, ch. 342, § 9, eff. Sept.
1, 1975; Acts 1985, 69th Leg., ch. 901, § 2, eff. Sept. 1, 1985;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1997, 75th Leg., ch. 165, § 30.237, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 432, § 1, eff. Sept. 1, 2003.

§ 31.02. CONSOLIDATION OF THEFT OFFENSES. Theft as
defined in Section 31.03 constitutes a single offense superseding
the separate offenses previously known as theft, theft by false
pretext, conversion by a bailee, theft from the person,
shoplifting, acquisition of property by threat, swindling,
swindling by worthless check, embezzlement, extortion, receiving
or concealing embezzled property, and receiving or concealing
stolen property.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

§ 31.03. THEFT. (a) A person commits an offense if he
unlawfully appropriates property with intent to deprive the owner
of property.
(b) Appropriation of property is unlawful if:
(1) it is without the owner's effective consent;
(2) the property is stolen and the actor appropriates
the property knowing it was stolen by another; or
(3) property in the custody of any law enforcement
agency was explicitly represented by any law enforcement agent to
the actor as being stolen and the actor appropriates the property
believing it was stolen by another.
(c) For purposes of Subsection (b):
(1) evidence that the actor has previously
participated in recent transactions other than, but similar to,
that which the prosecution is based is admissible for the purpose of
showing knowledge or intent and the issues of knowledge or intent
are raised by the actor's plea of not guilty;
(2) the testimony of an accomplice shall be
corroborated by proof that tends to connect the actor to the crime,
but the actor's knowledge or intent may be established by the
uncorroborated testimony of the accomplice;
(3) an actor engaged in the business of buying and
selling used or secondhand personal property, or lending money on
the security of personal property deposited with the actor, is
presumed to know upon receipt by the actor of stolen property (other
than a motor vehicle subject to Chapter 501, Transportation Code)
that the property has been previously stolen from another if the
actor pays for or loans against the property $25 or more (or
consideration of equivalent value) and the actor knowingly or
recklessly:
(A) fails to record the name, address, and
physical description or identification number of the seller or
pledgor;
(B) fails to record a complete description of the
property, including the serial number, if reasonably available, or
other identifying characteristics; or
(C) fails to obtain a signed warranty from the
seller or pledgor that the seller or pledgor has the right to
possess the property. It is the express intent of this provision
that the presumption arises unless the actor complies with each of
the numbered requirements;
(4) for the purposes of Subdivision (3)(A),
"identification number" means driver's license number, military
identification number, identification certificate, or other
official number capable of identifying an individual;
(5) stolen property does not lose its character as
stolen when recovered by any law enforcement agency;
(6) an actor engaged in the business of obtaining
abandoned or wrecked motor vehicles or parts of an abandoned or
wrecked motor vehicle for resale, disposal, scrap, repair,
rebuilding, demolition, or other form of salvage is presumed to
know on receipt by the actor of stolen property that the property
has been previously stolen from another if the actor knowingly or
recklessly:
(A) fails to maintain an accurate and legible
inventory of each motor vehicle component part purchased by or
delivered to the actor, including the date of purchase or delivery,
the name, age, address, sex, and driver's license number of the
seller or person making the delivery, the license plate number of
the motor vehicle in which the part was delivered, a complete
description of the part, and the vehicle identification number of
the motor vehicle from which the part was removed, or in lieu of
maintaining an inventory, fails to record the name and certificate
of inventory number of the person who dismantled the motor vehicle
from which the part was obtained;
(B) fails on receipt of a motor vehicle to obtain
a certificate of authority, sales receipt, or transfer document as
required by Chapter 683, Transportation Code, or a certificate of
title showing that the motor vehicle is not subject to a lien or
that all recorded liens on the motor vehicle have been released; or
(C) fails on receipt of a motor vehicle to
immediately remove an unexpired license plate from the motor
vehicle, to keep the plate in a secure and locked place, or to
maintain an inventory, on forms provided by the Texas Department of
Transportation, of license plates kept under this paragraph,
including for each plate or set of plates the license plate number
and the make, motor number, and vehicle identification number of
the motor vehicle from which the plate was removed;
(7) an actor who purchases or receives a used or
secondhand motor vehicle is presumed to know on receipt by the actor
of the motor vehicle that the motor vehicle has been previously
stolen from another if the actor knowingly or recklessly:
(A) fails to report to the Texas Department of
Transportation the failure of the person who sold or delivered the
motor vehicle to the actor to deliver to the actor a properly
executed certificate of title to the motor vehicle at the time the
motor vehicle was delivered; or
(B) fails to file with the county tax
assessor-collector of the county in which the actor received the
motor vehicle, not later than the 20th day after the date the actor
received the motor vehicle, the registration license receipt and
certificate of title or evidence of title delivered to the actor in
accordance with Subchapter D, Chapter 520, Transportation Code, at
the time the motor vehicle was delivered;
(8) an actor who purchases or receives from any source
other than a licensed retailer or distributor of pesticides a
restricted-use pesticide or a state-limited-use pesticide or a
compound, mixture, or preparation containing a restricted-use or
state-limited-use pesticide is presumed to know on receipt by the
actor of the pesticide or compound, mixture, or preparation that
the pesticide or compound, mixture, or preparation has been
previously stolen from another if the actor:
(A) fails to record the name, address, and
physical description of the seller or pledgor;
(B) fails to record a complete description of the
amount and type of pesticide or compound, mixture, or preparation
purchased or received; and
(C) fails to obtain a signed warranty from the
seller or pledgor that the seller or pledgor has the right to
possess the property; and
(9) an actor who is subject to Section 409, Packers and
Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
a commission merchant by representing that the actor will make
prompt payment is presumed to have induced the commission
merchant's consent by deception if the actor fails to make full
payment in accordance with Section 409, Packers and Stockyards Act
(7 U.S.C. Section 228b).
(d) It is not a defense to prosecution under this section
that:
(1) the offense occurred as a result of a deception or
strategy on the part of a law enforcement agency, including the use
of an undercover operative or peace officer;
(2) the actor was provided by a law enforcement agency
with a facility in which to commit the offense or an opportunity to
engage in conduct constituting the offense; or
(3) the actor was solicited to commit the offense by a
peace officer, and the solicitation was of a type that would
encourage a person predisposed to commit the offense to actually
commit the offense, but would not encourage a person not
predisposed to commit the offense to actually commit the offense.
(e) Except as provided by Subsection (f), an offense under
this section is:
(1) a Class C misdemeanor if the value of the property
stolen is less than:
(A) $50; or
(B) $20 and the defendant obtained the property
by issuing or passing a check or similar sight order in a manner
described by Section 31.06;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is:
(i) $50 or more but less than $500; or
(ii) $20 or more but less than $500 and the
defendant obtained the property by issuing or passing a check or
similar sight order in a manner described by Section 31.06; or
(B) the value of the property stolen is less
than:
(i) $50 and the defendant has previously
been convicted of any grade of theft; or
(ii) $20, the defendant has previously been
convicted of any grade of theft, and the defendant obtained the
property by issuing or passing a check or similar sight order in a
manner described by Section 31.06;
(3) a Class A misdemeanor if the value of the property
stolen is $500 or more but less than $1,500;
(4) a state jail felony if:
(A) the value of the property stolen is $1,500 or
more but less than $20,000, or the property is less than 10 head of
cattle, horses, or exotic livestock or exotic fowl as defined by
Section 142.001, Agriculture Code, or any part thereof under the
value of $20,000, or less than 100 head of sheep, swine, or goats or
any part thereof under the value of $20,000;
(B) regardless of value, the property is stolen
from the person of another or from a human corpse or grave;
(C) the property stolen is a firearm, as defined
by Section 46.01;
(D) the value of the property stolen is less than
$1,500 and the defendant has been previously convicted two or more
times of any grade of theft; or
(E) the property stolen is an official ballot or
official carrier envelope for an election;
(5) a felony of the third degree if the value of the
property stolen is $20,000 or more but less than $100,000, or the
property is:
(A) 10 or more head of cattle, horses, or exotic
livestock or exotic fowl as defined by Section 142.001, Agriculture
Code, stolen during a single transaction and having an aggregate
value of less than $100,000; or
(B) 100 or more head of sheep, swine, or goats
stolen during a single transaction and having an aggregate value of
less than $100,000;
(6) a felony of the second degree if the value of the
property stolen is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the value of the
property stolen is $200,000 or more.
(f) An offense described for purposes of punishment by
Subsections (e)(1)-(6) is increased to the next higher category of
offense if it is shown on the trial of the offense that:
(1) the actor was a public servant at the time of the
offense and the property appropriated came into the actor's
custody, possession, or control by virtue of his status as a public
servant;
(2) the actor was in a contractual relationship with
government at the time of the offense and the property appropriated
came into the actor's custody, possession, or control by virtue of
the contractual relationship; or
(3) the owner of the property appropriated was at the
time of the offense an elderly individual.
(g) For the purposes of Subsection (a), a person is the
owner of exotic livestock or exotic fowl as defined by Section
142.001, Agriculture Code, only if the person qualifies to claim
the animal under Section 142.0021, Agriculture Code, if the animal
is an estray.
(h) In this section:
(1) "Restricted-use pesticide" means a pesticide
classified as a restricted-use pesticide by the administrator of
the Environmental Protection Agency under 7 U.S.C. Section 136a, as
that law existed on January 1, 1995, and containing an active
ingredient listed in the federal regulations adopted under that law
(40 C.F.R. Section 152.175) and in effect on that date.
(2) "State-limited-use pesticide" means a pesticide
classified as a state-limited-use pesticide by the Department of
Agriculture under Section 76.003, Agriculture Code, as that section
existed on January 1, 1995, and containing an active ingredient
listed in the rules adopted under that section (4 TAC Section 7.24)
as that section existed on that date.
(i) For purposes of Subsection (c)(9), "livestock" and
"commission merchant" have the meanings assigned by Section
147.001, Agriculture Code.
(j) With the consent of the appropriate local county or
district attorney, the attorney general has concurrent
jurisdiction with that consenting local prosecutor to prosecute an
offense under this section that involves the state Medicaid
program.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 914, ch. 342, § 10, eff.
Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. 349, § 1, eff.
Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. 298, § 1, eff.
Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. 455, § 1, eff.
June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. 497, § 3, eff.
Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. 558, § 11, eff.
Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. 741, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 599, § 1, eff. Sept. 1,
1985; Acts 1985, 69th Leg., ch. 901, § 1, eff. Sept. 1, 1985;
Acts 1987, 70th Leg., ch. 167, § 5.01(a)(45), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 245, § 1, eff. Sept. 1, 1989; Acts
1989, 71st Leg., ch. 724, § 2, 3, eff. Sept. 1, 1989; Acts 1991,
72nd Leg., ch. 14, § 284(80), eff. Sept. 1, 1991; Acts 1991,
72nd Leg., ch. 565, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd
Leg., ch. 203, § 4, 5, eff. Sept. 1, 1993; Acts 1993, 73rd Leg.,
ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch.
318, § 9, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 734, §
1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 843, § 1, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, § 30.238,
31.01(69), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1153, §
7.01, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1276, § 1,
eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, § 2.136, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 257, § 13, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 393, § 20, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 432, § 2, eff. Sept. 1, 2003.

§ 31.04. THEFT OF SERVICE. (a) A person commits theft
of service if, with intent to avoid payment for service that he
knows is provided only for compensation:
(1) he intentionally or knowingly secures performance
of the service by deception, threat, or false token;
(2) having control over the disposition of services of
another to which he is not entitled, he intentionally or knowingly
diverts the other's services to his own benefit or to the benefit of
another not entitled to them;
(3) having control of personal property under a
written rental agreement, he holds the property beyond the
expiration of the rental period without the effective consent of
the owner of the property, thereby depriving the owner of the
property of its use in further rentals; or
(4) he intentionally or knowingly secures the
performance of the service by agreeing to provide compensation and,
after the service is rendered, fails to make payment after
receiving notice demanding payment.
(b) For purposes of this section, intent to avoid payment is
presumed if:
(1) the actor absconded without paying for the service
or expressly refused to pay for the service in circumstances where
payment is ordinarily made immediately upon rendering of the
service, as in hotels, campgrounds, recreational vehicle parks,
restaurants, and comparable establishments;
(2) the actor failed to make payment under a service
agreement within 10 days after receiving notice demanding payment;
(3) the actor returns property held under a rental
agreement after the expiration of the rental agreement and fails to
pay the applicable rental charge for the property within 10 days
after the date on which the actor received notice demanding
payment; or
(4) the actor failed to return the property held under
a rental agreement:
(A) within five days after receiving notice
demanding return, if the property is valued at less than $1,500; or
(B) within three days after receiving notice
demanding return, if the property is valued at $1,500 or more.
(c) For purposes of Subsections (a)(4), (b)(2), and (b)(4),
notice shall be notice in writing, sent by registered or certified
mail with return receipt requested or by telegram with report of
delivery requested, and addressed to the actor at his address shown
on the rental agreement or service agreement.
(d) If written notice is given in accordance with Subsection
(c), it is presumed that the notice was received no later than five
days after it was sent.
(e) An offense under this section is:
(1) a Class C misdemeanor if the value of the service
stolen is less than $20;
(2) a Class B misdemeanor if the value of the service
stolen is $20 or more but less than $500;
(3) a Class A misdemeanor if the value of the service
stolen is $500 or more but less than $1,500;
(4) a state jail felony if the value of the service
stolen is $1,500 or more but less than $20,000;
(5) a felony of the third degree if the value of the
service stolen is $20,000 or more but less than $100,000;
(6) a felony of the second degree if the value of the
service stolen is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the value of the
service stolen is $200,000 or more.
(f) Notwithstanding any other provision of this code, any
police or other report of stolen vehicles by a political
subdivision of this state shall include on the report any rental
vehicles whose renters have been shown to such reporting agency to
be in violation of Subsection (b)(2) and shall indicate that the
renting agency has complied with the notice requirements demanding
return as provided in this section.
(g) It is a defense to prosecution under this section that:
(1) the defendant secured the performance of the
service by giving a post-dated check or similar sight order to the
person performing the service; and
(2) the person performing the service or any other
person presented the check or sight order for payment before the
date on the check or sight order.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1977, 65th Leg., p. 1138, ch. 429, § 1, eff. Aug.
29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 497, § 4, eff. Sept.
1, 1983; Acts 1991, 72nd Leg., ch. 565, § 15, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1995, 74th Leg., ch. 479, § 1, eff. Aug. 28, 1995; Acts 1999,
76th Leg., ch. 843, § 1, eff. Sept. 1, 1999; Acts 2001, 77th
Leg., ch. 1245, § 1, 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 419, § 1, eff. Sept. 1, 2003.

§ 31.05. THEFT OF TRADE SECRETS. (a) For purposes of
this section:
(1) "Article" means any object, material, device, or
substance or any copy thereof, including a writing, recording,
drawing, sample, specimen, prototype, model, photograph,
microorganism, blueprint, or map.
(2) "Copy" means a facsimile, replica, photograph, or
other reproduction of an article or a note, drawing, or sketch made
of or from an article.
(3) "Representing" means describing, depicting,
containing, constituting, reflecting, or recording.
(4) "Trade secret" means the whole or any part of any
scientific or technical information, design, process, procedure,
formula, or improvement that has value and that the owner has taken
measures to prevent from becoming available to persons other than
those selected by the owner to have access for limited purposes.
(b) A person commits an offense if, without the owner's
effective consent, he knowingly:
(1) steals a trade secret;
(2) makes a copy of an article representing a trade
secret; or
(3) communicates or transmits a trade secret.
(c) An offense under this section is a felony of the third
degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

§ 31.06. PRESUMPTION FOR THEFT BY CHECK. (a) If the
actor obtained property or secured performance of service by
issuing or passing a check or similar sight order for the payment of
money, when the issuer did not have sufficient funds in or on
deposit with the bank or other drawee for the payment in full of the
check or order as well as all other checks or orders then
outstanding, it is prima facie evidence of his intent to deprive the
owner of property under Section 31.03 (Theft) including a drawee or
third-party holder in due course who negotiated the check or to
avoid payment for service under Section 31.04 (Theft of Service)
(except in the case of a postdated check or order) if:
(1) he had no account with the bank or other drawee at
the time he issued the check or order; or
(2) payment was refused by the bank or other drawee for
lack of funds or insufficient funds, on presentation within 30 days
after issue, and the issuer failed to pay the holder in full within
10 days after receiving notice of that refusal.
(b) For purposes of Subsection (a)(2) or (f)(3), notice may
be actual notice or notice in writing that:
(1) is sent by registered or certified mail with
return receipt requested or by telegram with report of delivery
requested;
(2) is addressed to the issuer at his address shown on:
(A) the check or order;
(B) the records of the bank or other drawee; or
(C) the records of the person to whom the check or
order has been issued or passed; and
(3) contains the following statement:
"This is a demand for payment in full for a check
or order not paid because of a lack of funds or insufficient funds.
If you fail to make payment in full within 10 days after the date of
receipt of this notice, the failure to pay creates a presumption for
committing an offense, and this matter may be referred for criminal
prosecution."
(c) If written notice is given in accordance with Subsection
(b), it is presumed that the notice was received no later than five
days after it was sent.
(d) Nothing in this section prevents the prosecution from
establishing the requisite intent by direct evidence.
(e) Partial restitution does not preclude the presumption
of the requisite intent under this section.
(f) If the actor obtained property by issuing or passing a
check or similar sight order for the payment of money, the actor's
intent to deprive the owner of the property under Section 31.03
(Theft) is presumed, except in the case of a postdated check or
order, if:
(1) the actor ordered the bank or other drawee to stop
payment on the check or order;
(2) the bank or drawee refused payment to the holder on
presentation of the check or order within 30 days after issue;
(3) the owner gave the actor notice of the refusal of
payment and made a demand to the actor for payment or return of the
property; and
(4) the actor failed to:
(A) pay the holder within 10 days after receiving
the demand for payment; or
(B) return the property to the owner within 10
days after receiving the demand for return of the property.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 543, § 2, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1995, 74th Leg., ch. 753, § 1, eff. Sept. 1, 1995.

§ 31.07. UNAUTHORIZED USE OF A VEHICLE. (a) A person
commits an offense if he intentionally or knowingly operates
another's boat, airplane, or motor-propelled vehicle without the
effective consent of the owner.
(b) An offense under this section is a state jail felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

§ 31.08. VALUE. (a) Subject to the additional
criteria of Subsections (b) and (c), value under this chapter is:
(1) the fair market value of the property or service at
the time and place of the offense; or
(2) if the fair market value of the property cannot be
ascertained, the cost of replacing the property within a reasonable
time after the theft.
(b) The value of documents, other than those having a
readily ascertainable market value, is:
(1) the amount due and collectible at maturity less
that part which has been satisfied, if the document constitutes
evidence of a debt; or
(2) the greatest amount of economic loss that the
owner might reasonably suffer by virtue of loss of the document, if
the document is other than evidence of a debt.
(c) If property or service has value that cannot be
reasonably ascertained by the criteria set forth in Subsections (a)
and (b), the property or service is deemed to have a value of $500 or
more but less than $1,500.
(d) If the actor proves by a preponderance of the evidence
that he gave consideration for or had a legal interest in the
property or service stolen, the amount of the consideration or the
value of the interest so proven shall be deducted from the value of
the property or service ascertained under Subsection (a), (b), or
(c) to determine value for purposes of this chapter.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 2920, ch. 497, § 5, eff.
Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994.

§ 31.09. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. When
amounts are obtained in violation of this chapter pursuant to one
scheme or continuing course of conduct, whether from the same or
several sources, the conduct may be considered as one offense and
the amounts aggregated in determining the grade of the offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

§ 31.10. ACTOR'S INTEREST IN PROPERTY. It is no defense
to prosecution under this chapter that the actor has an interest in
the property or service stolen if another person has the right of
exclusive possession of the property.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

§ 31.11. TAMPERING WITH IDENTIFICATION NUMBERS. (a) A
person commits an offense if the person:
(1) knowingly or intentionally removes, alters, or
obliterates the serial number or other permanent identification
marking on tangible personal property; or
(2) possesses, sells, or offers for sale tangible
personal property and:
(A) the actor knows that the serial number or
other permanent identification marking has been removed, altered,
or obliterated; or
(B) a reasonable person in the position of the
actor would have known that the serial number or other permanent
identification marking has been removed, altered, or obliterated.
(b) It is an affirmative defense to prosecution under this
section that the person was:
(1) the owner or acting with the effective consent of
the owner of the property involved;
(2) a peace officer acting in the actual discharge of
official duties; or
(3) acting with respect to a number assigned to a
vehicle by the Texas Department of Transportation and the person
was:
(A) in the actual discharge of official duties as
an employee or agent of the department; or
(B) in full compliance with the rules of the
department as an applicant for an assigned number approved by the
department.
(c) Property involved in a violation of this section may be
treated as stolen for purposes of custody and disposition of the
property.
(d) An offense under this section is a Class A misdemeanor.
(e) In this section, "vehicle" has the meaning given by
Section 541.201, Transportation Code.

Added by Acts 1979, 66th Leg., p. 417, ch. 191, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 4525, ch. 741, § 2,
eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 113, § 1, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994; Acts 1997, 75th Leg., ch. 165, § 30.239, eff. Sept. 1,
1997.

§ 31.12. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO
OR INFORMATION SERVICES. (a) A person commits an offense if,
without the authorization of the multichannel video or information
services provider, the person intentionally or knowingly:
(1) makes or maintains a connection, whether
physically, electrically, electronically, or inductively, to:
(A) a cable, wire, or other component of or media
attached to a multichannel video or information services system;
or
(B) a television set, videotape recorder, or
other receiver attached to a multichannel video or information
system;
(2) attaches, causes to be attached, or maintains the
attachment of a device to:
(A) a cable, wire, or other component of or media
attached to a multichannel video or information services system;
or
(B) a television set, videotape recorder, or
other receiver attached to a multichannel video or information
services system;
(3) tampers with, modifies, or maintains a
modification to a device installed by a multichannel video or
information services provider; or
(4) tampers with, modifies, or maintains a
modification to an access device or uses that access device or any
unauthorized access device to obtain services from a multichannel
video or information services provider.
(b) In this section:
(1) "Access device," "connection," and "device" mean
an access device, connection, or device wholly or partly designed
to make intelligible an encrypted, encoded, scrambled, or other
nonstandard signal carried by a multichannel video or information
services provider.
(2) "Encrypted, encoded, scrambled, or other
nonstandard signal" means any type of signal or transmission not
intended to produce an intelligible program or service without the
use of a device, signal, or information provided by a multichannel
video or information services provider.
(3) "Multichannel video or information services
provider" means a licensed cable television system, video dialtone
system, multichannel multipoint distribution services system,
direct broadcast satellite system, or other system providing video
or information services that are distributed by cable, wire, radio
frequency, or other media.
(c) This section does not prohibit the manufacture,
distribution, sale, or use of satellite receiving antennas that are
otherwise permitted by state or federal law.
(d) An offense under this section is a Class C misdemeanor
unless it is shown on the trial of the offense that the actor:
(1) has been previously convicted one time of an
offense under this section, in which event the offense is a Class B
misdemeanor, or convicted two or more times of an offense under this
section, in which event the offense is a Class A misdemeanor; or
(2) committed the offense for remuneration, in which
event the offense is a Class A misdemeanor, unless it is also shown
on the trial of the offense that the actor has been previously
convicted two or more times of an offense under this section, in
which event the offense is a Class A misdemeanor with a minimum fine
of $2,000 and a minimum term of confinement of 180 days.
(e) For the purposes of this section, each connection,
attachment, modification, or act of tampering is a separate
offense.

Added by Acts 1995, 74th Leg., ch. 318, § 10, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 858, § 1, eff. Sept. 1,
1999.

§ 31.13. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF
MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (a) A person
commits an offense if the person for remuneration intentionally or
knowingly manufactures, assembles, modifies, imports into the
state, exports out of the state, distributes, advertises, or offers
for sale, with an intent to aid in the commission of an offense
under Section 31.12, a device, a kit or part for a device, or a plan
for a system of components wholly or partly designed to make
intelligible an encrypted, encoded, scrambled, or other
nonstandard signal carried or caused by a multichannel video or
information services provider.
(b) In this section, "device," "encrypted, encoded,
scrambled, or other nonstandard signal," and "multichannel video or
information services provider" have the meanings assigned by
Section 31.12.
(c) This section does not prohibit the manufacture,
distribution, advertisement, offer for sale, or use of satellite
receiving antennas that are otherwise permitted by state or federal
law.
(d) An offense under this section is a Class A misdemeanor.

Added by Acts 1995, 74th Leg., ch. 318, § 10, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 858, § 2, eff. Sept. 1,
1999.

§ 31.14. SALE OR LEASE OF MULTICHANNEL VIDEO OR
INFORMATION SERVICES DEVICE. (a) A person commits an offense if
the person intentionally or knowingly sells or leases, with an
intent to aid in the commission of an offense under Section 31.12, a
device, a kit or part for a device, or a plan for a system of
components wholly or partly designed to make intelligible an
encrypted, encoded, scrambled, or other nonstandard signal carried
or caused by a multichannel video or information services provider.
(b) In this section, "device," "encrypted, encoded,
scrambled, or other nonstandard signal," and "multichannel video or
information services provider" have the meanings assigned by
Section 31.12.
(c) This section does not prohibit the sale or lease of
satellite receiving antennas that are otherwise permitted by state
or federal law without providing notice to the comptroller.
(d) An offense under this section is a Class A misdemeanor.

Added by Acts 1999, 76th Leg., ch. 858, § 3, eff. Sept. 1, 1999.

§ 31.15. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF
CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. (a) In this
section:
(1) "Retail theft detector" means an electrical,
mechanical, electronic, or magnetic device used to prevent or
detect shoplifting and includes any article or component part
essential to the proper operation of the device.
(2) "Shielding or deactivation instrument" means any
item or tool designed, made, or adapted for the purpose of
preventing the detection of stolen merchandise by a retail theft
detector. The term includes a metal-lined or foil-lined shopping
bag and any item used to remove a security tag affixed to retail
merchandise.
(b) A person commits an offense if, with the intent to use
the instrument to commit theft, the person:
(1) possesses a shielding or deactivation instrument;
or
(2) knowingly manufactures, sells, offers for sale, or
otherwise distributes a shielding or deactivation instrument.
(c) An offense under this section is a Class A misdemeanor.

Added by Acts 2001, 77th Leg., ch. 109, § 1, eff. Sept. 1, 2001.

 

 

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