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 individual must reasonably believe that the 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. Notably, the language has been updated to replace gender-specific pronouns with gender-neutral terms.

Additionally, the bill introduces a new condition under which deadly force may be justified: if the individual reasonably believes that the property cannot be protected or recovered by any other means, or that using non-deadly force would expose themselves or another person to a substantial risk of death or serious bodily injury. The changes in law will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses committed prior to this date will be governed by the law in effect at that time.

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