THEFT PROP <$100 W/PREV CONVIC

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).

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

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.

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.

Of 1,683 THEFT PROP <$100 W/PREV CONVIC charges filed 2019–2023 across 13 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Rockwall, Williamson), 93% have reached a disposition:

How long it takes: the median THEFT PROP <$100 W/PREV CONVIC charge took 164 days from filing to disposition (middle half: 57 – 344 days, 1,683 charges).

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.

• THEFT PROP >=$100<$750 § 31.03(e)(2)(a)
• THEFT PROP <$2,500 2/MORE PREV CONV § 31.03(e)(4)(d)
• THEFT PROP >=$2,500<$30K § 31.03(e)(4)(a)
• THEFT PROP >=$750<$2,500 § 31.03(e)(3)
• THEFT OF FIREARM § 31.03(e)(4)(c)
• THEFT PROP >=$30K<$150K § 31.03(e)(5)
• THEFT OF MATERIAL ALUM/BRNZ/COPPER/BRASS <$20K § 31.03(e)(4)(f)
• THEFT FROM PERSON § 31.03(e)(4)(b)