Lozano Bill Allows Deadly Force Over A New Farm Land Felony

The text as introduced · 540 words

89R16599 JRR-D

By: Lozano
H.B. No. 5414

A BILL TO BE ENTITLED

AN ACT

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;

creating a criminal offense.

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

described by Subdivision (1).

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

the third degree.

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

effect for that purpose.

(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.