87R1395 JCG-D
	By: Meza	H.B. No. 196

	A BILL TO BE ENTITLED
	AN ACT
	relating to the use of deadly force in defense of a person or
	property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 9.32(a) and (c), Penal Code, are
	amended to read as follows:
	(a)  A person is justified in using deadly force against
	another if the actor:
	(1)  is [if the actor would be] justified in using force
	against the other under Section 9.31; [and]
	(2)  is unable to safely retreat; and
	(3)  [when and to the degree the actor] reasonably
	believes the deadly force is immediately necessary:
	(A)  to protect the actor against the other's use
	or attempted use of unlawful deadly force; or
	(B)  to prevent the other's imminent commission of
	aggravated kidnapping, murder, sexual assault, or aggravated
	sexual assault[, robbery, or aggravated robbery].
	(c)  Notwithstanding Subsection (a)(2), a [A] person who is
	in the person's own habitation [has a right to be present at the
	location where the deadly force is used], who has not provoked the
	person against whom the deadly force is used, and who is not engaged
	in criminal activity at the time the deadly force is used is not
	required to retreat before using deadly force as described by this
	section.
	SECTION 2.  Section 9.41, Penal Code, is amended to read as
	follows:
	Sec. 9.41.  PROTECTION OF ONE'S OWN PROPERTY. (a) A person
	in lawful possession of land, including a habitation on the land, or
	tangible, movable property is justified in using force against
	another when and to the degree the actor reasonably believes the
	force is immediately necessary to prevent or terminate the other's
	trespass on the land or unlawful interference with the property.
	(b)  A person unlawfully dispossessed of land, including a
	habitation on the land, or tangible, movable property by another is
	justified in using force against the other when and to the degree
	the actor reasonably believes the force is immediately necessary to
	reenter the land or recover the property if the actor uses the force
	immediately or in fresh pursuit after the dispossession and:
	(1)  the actor reasonably believes the other had no
	claim of right when he dispossessed the actor; or
	(2)  the other accomplished the dispossession by using
	force, threat, or fraud against the actor.
	SECTION 3.  Section 9.42, Penal Code, is amended to read as
	follows:
	Sec. 9.42.  DEADLY FORCE TO PROTECT PROPERTY. A person is
	justified in using deadly force against another to protect land,
	including a habitation on the land, or tangible, movable property
	if the actor:
	(1)  is [if he would be] justified in using force
	against the other under Section 9.41; [and]
	(2)  [when and to the degree 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
	property; and
	(3)  [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 4.  Sections 9.32(b) and (d), Penal Code, are
	repealed.
	SECTION 5.  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
	before that date.
	SECTION 6.  This Act takes effect September 1, 2021.