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A BILL TO BE ENTITLED
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AN ACT
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relating to certain criminal conduct involving agricultural land, |
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including the justified use of force or deadly force to protect |
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agricultural land from that conduct, and to civil liability arising |
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out of certain justified threats to use force or deadly force; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 83.001, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 83.001. CIVIL IMMUNITY. A defendant who uses or |
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threatens to use force or deadly force that is justified under |
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Chapter 9, Penal Code, is immune from civil liability for personal |
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injury or death that results from the defendant's use of or threat |
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to use force or deadly force, as applicable. |
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SECTION 2. Subchapter D, Chapter 9, Penal Code, is amended |
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by adding Section 9.45 to read as follows: |
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Sec. 9.45. PROTECTION OF AGRICULTURAL LAND. (a) In this |
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section, "agricultural land" has the meaning assigned by Section |
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75.001, Civil Practice and Remedies Code. |
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(b) A person is justified in using force, including deadly |
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force, against another to protect agricultural land, including |
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persons and tangible, movable property on the land, if the actor |
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reasonably believes: |
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(1) the other's unlawful interference with the land |
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constitutes deadly conduct under Section 22.05(b-1); and |
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(2) the use of force is immediately necessary to |
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protect the land from the unlawful interference with the land |
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described by Subdivision (1). |
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SECTION 3. Section 22.05, Penal Code, is amended by adding |
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Subsection (b-1) and amending Subsection (e) to read as follows: |
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(b-1) A person commits an offense if during the commission |
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of an offense under Section 20.05 or 20A.02 of this code or |
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Subchapter D, Chapter 481, Health and Safety Code, the person |
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knowingly operates a motor vehicle or other means of conveyance in a |
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reckless manner at excessive or unsafe speeds on agricultural land, |
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as defined by Section 75.001, Civil Practice and Remedies Code. |
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(e) An offense under Subsection (a) is a Class A |
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misdemeanor. An offense under Subsection (b) or (b-1) is a felony of |
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the third degree. |
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SECTION 4. (a) Section 83.001, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law applicable to the cause of action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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(b) Section 9.45, Penal Code, as added by this Act, and |
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Section 22.05, Penal Code, as amended by this Act, apply only to an |
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offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this subsection, an offense was committed before the effective date |
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of this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |