Penal Code § 31.03(e)(2)(b) · Class B misdemeanor

THEFT PROP <$100 W/PREV CONVICTexas Penal Code (PC) § 31.03(e)(2)(b)

“THEFT PROP <$100 W/PREV CONVIC” stands for Theft Property under $100 with Previous Conviction, a Class B misdemeanor under Texas Penal Code (PC) § 31.03(e)(2)(b). It is punishable by up to 180 days in county jail and a fine up to $2,000.

Below: how these cases end in Texas courts, how long they take, and the punishment.

56%
Not convicted
164 days
Median time to resolve
$1,500
Median bail

What does “THEFT PROP <$100 W/PREV CONVIC” mean?

“THEFT PROP <$100 W/PREV CONVIC” stands for Theft Property under $100 with Previous Conviction, a Class B misdemeanor under Texas PC § 31.03(e)(2)(b).

Texas Penal Code § 31.03 defines theft as unlawfully appropriating property with intent to deprive the owner of it. Theft of property worth less than $100 is ordinarily a Class C misdemeanor, the lowest grade. This variant, § 31.03(e)(2)(B), raises the charge to a Class B misdemeanor when the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft. The prior conviction is an element of the graded offense, so the State must prove both the new appropriation — taken without the owner's effective consent, or received knowing another stole it — and the earlier theft conviction. A single prior theft conviction of any grade suffices here; two or more prior theft convictions combined with a new theft under $2,500 instead trigger the separate state jail felony provision in § 31.03(e)(4)(D).

What usually happens to a THEFT PROP <$100 W/PREV CONVIC charge?

56% ended without a conviction, 1% in deferred adjudication and 43% in a conviction.

How 1,683 resolved THEFT PROP <$100 W/PREV CONVIC charges filed 2019–2023 ended, across 13 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Rockwall, Williamson):

56%
Not convicted (935)
Dismissed by the prosecutor52%
Dismissed, but convicted on a companion charge3%
Dismissed — refiled or handled in another case1%
1%
Deferred adjudication (14)
Deferred adjudication1%
43%
Convicted (729)
Guilty or no-contest plea42%
Plea to a lesser charge1%
Convicted (plea vs. trial not recorded)0%
CountyResolvedNot convictedDeferredConvictedMedian days
Harris1,188 66%0%34% 162

Outcome is the final disposition recorded on the charge. “Other” (5) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.

How long does a THEFT PROP <$100 W/PREV CONVIC case take to resolve?

Typically about 5 months: half of resolved cases closed within 164 days of filing.

Across 1,683 resolved THEFT PROP <$100 W/PREV CONVIC charges filed 2019–2023, the median time from filing to disposition was 164 days. The middle half took between 57 and 344 days.

Time depends on the county's docket, whether the case is set for trial, and plea negotiations.

How did real THEFT PROP <$100 W/PREV CONVIC cases end?

Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.

Ended without a conviction

263381101010 · Harris County
Filed Aug 7, 2026 → Dismissed by the prosecutor Aug 24, 2026 (1 month)
DISMISSED
26-03188-5 · Williamson County
Filed May 29, 2026 → Dismissed by the prosecutor Jul 22, 2026 (2 months)
Dismissed - Other
25-CCR-245065 · FortBend County
Filed Jul 28, 2025 → Dismissed by the prosecutor Jul 15, 2026 (12 months) · plea: not guilty
Dismissed
269718 · Brazoria County
Filed Oct 7, 2025 → Dismissed by the prosecutor Jul 13, 2026 (9 months) · plea: not guilty
Dismissal Order- Other

Deferred adjudication

CR-2026-02221-A · Denton County
Filed Apr 2, 2026 → Deferred adjudication Aug 3, 2026 (4 months) · plea: nolo contendere
CSCD 16 Months with Community Service of 40 Hours
259504201010 · Harris County
Filed Dec 3, 2025 → Deferred adjudication Jul 20, 2026 (8 months)
DEFERRED ADJUDICATION OF GUILT
25-CCR-247171 · FortBend County
Filed Dec 18, 2025 → Deferred adjudication May 22, 2026 (5 months) · plea: guilty
CSCD 9 Months with Community Service of 32 Hours
003-90222-2025 · Collin County
Filed Dec 4, 2025 → Deferred adjudication Apr 9, 2026 (4 months) · plea: guilty
CSCD 6 Months with Community Service of 30 Hours Condition - Adult:

Ended in a conviction

26-04865-3 · Williamson County
Filed Aug 18, 2026 → Guilty or no-contest plea Aug 21, 2026 · plea: guilty
Confinement to Commence 08/21/2026 1 Days , County Jail, Williamson County Jail Jail Credit 9 Days Jail Time Wash Fees - Adult: (Grand Total: $295.00) Due 08/21/2026 Fine: $0.00 Fees: (Fees Total: $295.00) Additional Cou
CR-2026-00428-C · Denton County
Filed Jan 23, 2026 → Guilty or no-contest plea Aug 5, 2026 (6 months) · plea: nolo contendere
Confinement to Commence 08/05/2026 2 Days , County Jail, Denton County Jail Jail Credit 2 Days
2026CR0023 · Comal County
Filed Jan 7, 2026 → Guilty or no-contest plea Aug 5, 2026 (7 months) · plea: guilty
CSCD 12 Months with Community Service of 30 Hours Confinement to Commence 08/05/2026 180 Days , Comal County Supervision, Comal County Community Supervison Suspended 180 Days
273297 · Brazoria County
Filed Jun 25, 2026 → Guilty or no-contest plea Jul 9, 2026 · plea: guilty
Judgment With Days Jail

What is the punishment for Theft Property under $100 with Previous Conviction in Texas?

Up to 180 days in county jail and a fine up to $2,000.

Charged asPossible confinementFineSource
Class B misdemeanor Up to 180 days in county jail Fine up to $2,000 Penal Code § 12.22

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

How much is bail for THEFT PROP <$100 W/PREV CONVIC in Texas?

The median bail is $1,500, and 13% of defendants were released on a personal bond.

Across 7,178 Texas bail settings for this charge (42 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $1,500 (middle half: $750 – $3,000). 13% of defendants were released on a personal bond, and bail was denied in 151 cases. When this was the only charge at booking (2,767 records), the median was $1,000 and 25% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
El Paso 938 $2,000 $1,000 – $2,500 9% 1%
Tarrant 780 $750 $500 – $1,500 6% 1%
Harris 706 $1,000 $500 – $2,500 63% 0%
Bexar 645 $1,000 $800 – $2,000 10% 4%
Dallas 291 $1,000 $500 – $2,000 1% 1%

Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.

Charged with THEFT PROP <$100 W/PREV CONVIC?

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Bail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.