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§ 134.002.Definitions

Title 6. Miscellaneous Provisions · Chapter 134. Texas Theft Liability Act · Last amended 2013 · Last verified August 29, 2026

In one sentenceSection 134.002 defines "theft" by reference to eight Penal Code sections and defines "person" to include any group however organized.

Full Text of § 134.002

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In this chapter:
(1)"Person" means an individual, partnership, corporation, association, or other group, however organized.
(2)"Theft" means unlawfully appropriating property or unlawfully obtaining services as described by Section 31.03, 31.04, 31.06, 31.07, 31.11, 31.12, 31.13, or 31.14, Penal Code.
End

Plain-English Summary

Two definitions, and the second is where the chapter’s reach is set.

"Person" means an individual, partnership, corporation, association, or other group, however organized. The closing phrase is deliberately open, so an unincorporated or informal group is within it.

"Theft" means unlawfully appropriating property or unlawfully obtaining services as described by Penal Code Sections 31.03, 31.04, 31.06, 31.07, 31.11, 31.12, 31.13 or 31.14.

Eight offenses, and the list is exhaustive. It reaches ordinary theft (31.03), theft of service (31.04), the bad-check presumption (31.06), unauthorized use of a vehicle (31.07), tampering with an identification number (31.11), and the cargo and mail offenses at the end.

Conduct outside those eight sections is outside the Act, whatever its resemblance to theft. That matters because Penal Code Chapter 31 contains other offenses the list omits.

The borrowing means the civil claim follows the criminal law automatically. An amendment broadening one of the named offenses broadens this chapter the same day, without a word changing here.

No conviction is required. The definition turns on conduct described by those sections, which a civil court decides on the preponderance standard rather than beyond reasonable doubt.

Frequently Asked Questions

What counts as theft under this chapter?

Unlawfully appropriating property or obtaining services as described by Penal Code Sections 31.03, 31.04, 31.06, 31.07, 31.11, 31.12, 31.13 or 31.14.

Is the list of offenses closed?

Yes. Conduct outside those eight sections is outside the Act, even if it resembles theft.

Can a company be sued under the Act?

Yes. "Person" includes a partnership, corporation, association, or other group however organized.

Amendment History

  • Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.05(a), eff. Aug. 28, 1989. Amended by Acts 1999, 76th Leg., ch. 858, Sec. 4, eff. Sept. 1, 1999.
  • Amended by:
  • Acts 2013, 83rd Leg., R.S., Ch. 10 (S.B. 953), Sec. 2, eff. September 1, 2013.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source