Texas Comptroller Releases Study on Organized Retail Theft with Key Recommendations
Texas Comptroller Glenn Hegar announced the release of A Study on Organized Retail Theft in Texas, a report produced by the Texas Organized Retail Theft (ORT) Task Force. The study outlines the growing impact of ORT on Texas and provides recommendations to address the issue. The task force, led by Hegar, conducted its research through site visits, interviews, and expert testimony.
“The coordinated efforts of those committing organized retail thefts across multiple jurisdictions warrant an equally coordinated effort among law enforcement, prosecutors, retailers and online marketplaces,” Hegar said. “This task force brought together key personnel representing entities taking a leadership role in tackling ORT and tapped additional partners across a range of sectors to ensure lawmakers in Texas have a clear view of the problem and a path toward addressing the issue in our great state.
“There is still work ahead of us as these criminals become more organized, more efficient and more sophisticated, but unlike some other states, Texans will not sit idly by and permit this type of lawless behavior. We will take bold steps to end it. These thefts pose a major societal issue for all Texans and a threat to the state’s economic well-being, and I would like to thank the members of the task force and the other project participants for their time and contributions in helping to fight ORT perpetrators.”
Findings and Recommendations
Finding 1: Lack of Uniform Data Collection
The task force found that Texas does not collect uniform statewide data specifically on ORT, making it difficult to measure its full impact. A 2022 estimate by the Texas Organized Retail Crime Association pegged the cost of ORT in the state at over $442 million annually, but gaps in data hinder accurate analysis.
Recommendations:
- Develop a statewide data repository to aggregate and analyze ORT trends.
- Work with retailers to share proprietary data securely while protecting sensitive information.
- Consider creating an ORT-focused organization modeled after the Texas Financial Crimes Intelligence Center if trends warrant.
Finding 2: Challenges in Identifying ORT
ORT crimes, particularly those spanning multiple jurisdictions or targeting diverse merchandise, are challenging to detect and link. The study highlighted the need for improved communication and collaboration among law enforcement, retailers, and prosecutors.
Recommendations:
- Expand support for the Texas Department of Public Safety’s Organized Retail Theft Prevention Unit and increase staffing.
- Designate a state agency as a clearinghouse for information sharing to improve multi-jurisdictional coordination.
- Use programs like San Antonio’s Businesses Against Theft Network to foster better collaboration.
- Introduce store walk-through programs to build stronger relationships between retailers and law enforcement.
- Incorporate ORT education into new officer training and continuing education programs.
Finding 3: Prosecution Barriers
Prosecuting ORT is often resource-intensive, with inconsistent application of charges. Prosecutors face challenges proving intentionality under ORT statutes, and state laws, such as mandatory waiting periods before reporting thefts, further complicate the process.
Recommendations:
- Form a committee of prosecutors to review statutes and recommend updates to streamline ORT prosecution.
- Develop training programs for prosecutors, including targeted courses on ORT case preparation.
Hegar emphasized the seriousness of ORT, stating, “These thefts pose a major societal issue for all Texans and a threat to the state’s economic well-being. Texans will not sit idly by and permit this type of lawless behavior. We will take bold steps to end it.”
Task Force and Legislative Support
The Texas Legislature created the ORT Task Force in 2023, bringing together law enforcement, retailers, and policy experts to tackle the issue. The full report, along with visuals from the study, is available on the Texas Comptroller’s website.
