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 imminent crimes such as arson, burglary, robbery, aggravated robbery, or theft, and to prevent a fleeing perpetrator from escaping with the property. Additionally, it introduces criteria for when a person can believe that the land or 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 includes changes to the language used in the law, replacing gender-specific pronouns with gender-neutral terms, such as changing "he" to "the person." Furthermore, it stipulates that the changes made by this Act will only apply to offenses committed on or after its effective date of September 1, 2025, while offenses committed before this date will be governed by the previous law.

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