By Goolsby                                            H.B. No. 1817
         76R7408 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use of deadly force to protect property.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 9.42, Penal Code, is amended to read as
 1-5     follows:
 1-6           Sec. 9.42.  DEADLY FORCE TO PROTECT PROPERTY.  (a)  A person
 1-7     is justified in using deadly force against another to protect land
 1-8     or tangible,  movable property:
 1-9                 (1)  if he would be justified in using force against
1-10     the other under Section 9.41; and
1-11                 (2)  when and to the degree he reasonably believes the
1-12     deadly force is immediately necessary:
1-13                       (A)  to prevent the other's imminent commission
1-14     of arson, burglary, robbery, aggravated robbery, theft during the
1-15     nighttime, or criminal mischief during the nighttime; or
1-16                       (B)  to prevent the other who is fleeing
1-17     immediately after committing burglary, robbery, aggravated robbery,
1-18     or theft during the nighttime from escaping with the property; and
1-19                 (3)  he reasonably believes that:
1-20                       (A)  the land or property cannot be protected or
1-21     recovered by any other means; or
1-22                       (B)  the use of force other than deadly force to
1-23     protect or recover the land or property would expose the actor or
1-24     another to a substantial risk of death or serious bodily injury.
 2-1           (b)  A person who possesses a motor vehicle that is
 2-2     encumbered by a security interest or other lien and who, after
 2-3     receiving notice that the loan secured by the vehicle is in
 2-4     default, uses deadly force against another to prevent the recovery
 2-5     of the vehicle is presumed to know that use of the force was not
 2-6     necessary to prevent the commission of an offense listed in
 2-7     Subsection (a)(2)(A) or to prevent another from fleeing after the
 2-8     commission of an offense listed in Subsection (a)(2)(B).
 2-9           SECTION 2.  (a)  The change in law made by this Act applies
2-10     only to an offense committed on or after the effective date of this
2-11     Act.  For purposes of this section, an offense is committed before
2-12     the effective date of this Act if any element of the offense occurs
2-13     before the effective date.
2-14           (b)  An offense committed before the effective date of this
2-15     Act is covered by the law in effect when the offense was committed,
2-16     and the former law is continued in effect for that purpose.
2-17           SECTION 3.  This Act takes effect September 1, 1999.
2-18           SECTION 4.  The importance of this legislation and the
2-19     crowded condition of the calendars in both houses create an
2-20     emergency and an imperative public necessity that the
2-21     constitutional rule requiring bills to be read on three several
2-22     days in each house be suspended, and this rule is hereby suspended.