The bill amends Section 9.42 of the Texas Penal Code, which pertains to the use of deadly force in defense of property. It specifies that a person is justified in using deadly force to protect land or tangible, movable property if they would be justified in using force under Section 9.41. The bill also clarifies that the person must reasonably believe that deadly force is immediately necessary to prevent certain crimes, including arson, burglary, robbery, aggravated robbery, and theft, as well as to prevent a fleeing perpetrator from escaping with the property. Additionally, it introduces conditions under which a person may believe that the property cannot be protected or recovered by other means or that using non-deadly force would pose a substantial risk of death or serious bodily injury.

The bill makes specific insertions to replace gendered language, changing "he" to "the person" throughout the text. It also removes references to nighttime in the context of certain crimes, thereby broadening the circumstances under which deadly force may be justified. The changes in law will apply only to offenses committed on or after the effective date of September 1, 2025, with prior offenses governed by the law in effect at the time they were committed.

Statutes affected:
Introduced: Penal Code 9.42 (Penal Code 9)