HB 3553

relating to the use of deadly force in defense of property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 9.42, Penal Code, is amended to read as
Sec. 9.42.  DEADLY FORCE TO PROTECT PROPERTY.  A person is
justified in using deadly force against another to protect land or
(1)  if the person [he] would be justified in using
force against the other under Section 9.41; [and]
(2)  when and to the degree the person [he] reasonably
believes the deadly force is immediately necessary:
(A)  to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft [during the
nighttime], or criminal mischief [during the nighttime]; or
(B)  to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft [during the nighttime] from escaping with the
(3)  if the person [he] reasonably believes that:
(A)  the land or property cannot be protected or
recovered by any other means; or
(B)  the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.
SECTION 2.  The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose.  For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
SECTION 3.  This Act takes effect September 1, 2025.