HB 5414
AN ACT relating to certain criminal conduct involving agricultural land,
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to certain criminal conduct involving agricultural land,
Bill Text
relating to certain criminal conduct involving agricultural land, including the justified use of force or deadly force to protect agricultural land from that conduct, and to civil liability arising out of certain justified threats to use force or deadly force; BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 83.001, Civil Practice and Remedies Code, is amended to read as follows: Sec. 83.001. CIVIL IMMUNITY. A defendant who uses or threatens to use force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of or threat to use force or deadly force, as applicable. SECTION 2. Subchapter D, Chapter 9, Penal Code, is amended by adding Section 9.45 to read as follows: Sec. 9.45. PROTECTION OF AGRICULTURAL LAND. (a) In this section, "agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code. (b) A person, other than a peace officer, is justified in using force, including deadly force, against another to protect agricultural land, including persons and tangible, movable property on the land, if the actor reasonably believes: (1) the other's unlawful interference with the land constitutes deadly conduct under Section 22.05(b-1); and (2) the use of force is immediately necessary to protect the land from the unlawful interference with the land SECTION 3. Section 22.05, Penal Code, is amended by adding Subsection (b-1) and amending Subsection (e) to read as follows: (b-1) A person commits an offense if during the commission of an offense under Section 20.05 or 20A.02 of this code or Subchapter D, Chapter 481, Health and Safety Code, the person knowingly operates a motor vehicle or other means of conveyance in a reckless manner at excessive or unsafe speeds on agricultural land, as defined by Section 75.001, Civil Practice and Remedies Code. (e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) or (b-1) is a felony of SECTION 4. (a) Section 83.001, Civil Practice and Remedies Code, as amended by this Act, applies only to a cause of action that accrues on or after the effective date of this Act. A cause of action that accrues before the effective date of this Act is governed by the law applicable to the cause of action immediately before the effective date of this Act, and that law is continued in (b) Section 9.45, Penal Code, as added by this Act, and Section 22.05, Penal Code, as amended by this Act, apply 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 subsection, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. SECTION 5. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to certain criminal conduct involving agricultural land,
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