By The Texas Organized Retail Theft Task Force

Organized Retail Theft (ORT), the large-scale theft and reselling of merchandise, is a growing problem, according to Texas retailers. In 2023, the Texas Legislature created a special task force led by Texas Comptroller of Public Accounts Glenn Hegar to analyze and develop strategies for combatting ORT. The ORT Task Force, which includes law enforcement, retailers and policy experts, conducted research, listened to expert testimony and conducted site visits as part of its study. The following report represents the findings of the Task Force and offers recommendations for further action. Summary of Findings and Recommendations As the Task Force listened to expert testimony and Comptroller staff visited retailer sites, ORT Task Force members noted three recurrent themes: a lack of ORT data, a need for coordination among ORT stakeholders and a need for consistency in the application of ORT laws. Finding 1 Statewide data relating specifically to ORT are not collected in Texas, which makes it difficult to quantify the extent and cost of ORT, pinpoint where crimes are happening and dedicate sufficient resources to combat ORT. Retailers are reluctant to share certain proprietary data with their competitors. Recommendations • Develop a statewide repository to collect ORT data that can be aggregated and analyzed. • Work with retailers to categorize and mask their confidential data in a manner that doesn’t expose proprietary information while still allowing analysts to estimate the cost of ORT and detect trends. • If ORT trends indicate a need, consider creating an organization to combat ORT modeled after or housed under the Texas Financial Crimes Intelligence Center. Finding 2 Thefts conducted by perpetrators who target multiple types of merchandise or who operate in more than one law enforcement jurisdiction may be difficult to identify as ORT. Improved transparency, interaction and communication among all stakeholders—retailers, law enforcement and prosecutors—have yielded positive results in some cities. Recommendations • Continue support for the Texas Department of Public Safety’s Organized Retail Theft Prevention Unit and consider increasing the total number of FTEs for the unit. • Identify an existing state agency to serve as both an information clearinghouse and a facilitator to help local law enforcement departments develop and improve ORT coordination, cooperation and knowledge sharing with other jurisdictions so that potential links to related cases may be identified and shared. • San Antonio’s Businesses Against Theft Network (BAT-NET) program could serve as a model for other cities to improve communication, transparency and collaboration among stakeholders. • Establish a store walk-through program. Retailers can launch a store walk-through program inviting law enforcement agencies and prosecutors’ offices to get a better understanding of the ORT issue. This can also help foster a stronger relationship between retailers and law enforcement. • Incorporate training on ORT in new officer training classes and as part of a continuing education class for law enforcement. • One-hour presentation to new academy classes. • Quarterly and annual meeting/certification by Texas Organized Retail Crime Association (TXORCA) or similar association. Finding 3 Prosecuting ORT can be time and resource intensive, and prosecutors sometimes apply ORT charges inconsistently (e.g., charging an ORT crime as simple theft, which may take less time and be easier to prove). Prosecutors find the requirement to prove intentionality in ORT cases to be an obstacle in the pursuit of charges under the ORT statute. Other state laws may inadvertently make it difficult for ORT crimes to be prosecuted. Retailers, for example, are required by law to wait 10 days before reporting the theft of certain rental items. Although normally this provision likely would be in a consumer’s best interest, it is a barrier when the retailer becomes aware that the items are being resold before the retailer is allowed to report the theft. Recommendation • Form a committee of prosecutors to review the ORT statute’s requirements, including proof of intentionality, and other statutes that are barriers to ORT prosecution, such as the waiting period on reporting stolen rental items. The committee should seek input from retailers and law enforcement during its review. The committee will present its suggestions to the ORT Task Force before the next legislative session. • Develop training on ORT as a continuing education course, such as a one-hour presentation on the key steps for prosecuting an ORT case.

Austin: Texas Comptroller of Public Accounts 2024. 24p.