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  89R712 EAS-D     By: Spiller H.B. No. 3553       A BILL TO BE ENTITLED   AN ACT   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   follows:          Sec. 9.42.  DEADLY FORCE TO PROTECT PROPERTY. A person is   justified in using deadly force against another to protect land or   tangible, movable property:                (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   property; and                (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   before that date.          SECTION 3.  This Act takes effect September 1, 2025.