The Texas Penal Code §31.03 explains what theft is in the State of Texas.
THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
(b) Appropriation of property is unlawful if:
(1) it is without the owner’s effective consent;
(2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or
(3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.
Basically, you commit theft in the state of Texas when you take something that doesn’t belong to you, without consent or any other legal justification for doing so, and at the time of the offense you have no intention of giving the property back to its rightful owner.
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