The bill amends Section 9.42 of the Texas Penal Code, which pertains to the use of deadly force in defense of property. Key changes include the replacement of gender-specific pronouns, changing "he" to "the person" for inclusivity. The bill clarifies that a person is justified in using deadly force to protect land or tangible property if they would be justified in using force under Section 9.41 and if they reasonably believe that such force is immediately necessary to prevent imminent crimes such as arson, burglary, robbery, or theft. Additionally, it specifies that the use of deadly force is justified if the person believes that the property cannot be protected by other means or that using non-deadly force would pose a substantial risk of death or serious bodily injury.

The bill also establishes that the changes will only apply to offenses committed on or after its effective date of September 1, 2025, meaning that any offenses occurring before this date will be governed by the previous law. This ensures a clear transition between the old and new legal standards regarding the use of deadly force in property defense.

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