CHAPTER 31. THEFT
§ 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
(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, Sec. 1, eff. Sept. 1, 2001.