Texas 2023 - 88th Regular

Texas House Bill HB3605 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Lozano H.B. No. 3605
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to certain criminal conduct involving agricultural land,
7	7	including the justified use of force or deadly force to protect
8	8	agricultural land from that conduct, and to civil liability arising
9	9	out of certain justified threats to use force or deadly force;
10	10	creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 83.001, Civil Practice and Remedies
13	13	Code, is amended to read as follows:
14	14	Sec. 83.001. CIVIL IMMUNITY. A defendant who uses or
15	15	threatens to use force or deadly force that is justified under
16	16	Chapter 9, Penal Code, is immune from civil liability for personal
17	17	injury or death that results from the defendant's use of or threat
18	18	to use force or deadly force, as applicable.
19	19	SECTION 2. Subchapter D, Chapter 9, Penal Code, is amended
20	20	by adding Section 9.45 to read as follows:
21	21	Sec. 9.45. PROTECTION OF AGRICULTURAL LAND. (a) In this
22	22	section, "agricultural land" has the meaning assigned by Section
23	23	75.001, Civil Practice and Remedies Code.
24	24	(b) A person is justified in using force, including deadly
25	25	force, against another to protect agricultural land, including
26	26	persons and tangible, movable property on the land, if the actor
27	27	reasonably believes:
28	28	(1) the other's unlawful interference with the land
29	29	constitutes deadly conduct under Section 22.05(b-1); and
30	30	(2) the use of force is immediately necessary to
31	31	protect the land from the unlawful interference with the land
32	32	described by Subdivision (1).
33	33	SECTION 3. Section 22.05, Penal Code, is amended by adding
34	34	Subsection (b-1) and amending Subsection (e) to read as follows:
35	35	(b-1) A person commits an offense if during the commission
36	36	of an offense under Section 20.05 or 20A.02 of this code or
37	37	Subchapter D, Chapter 481, Health and Safety Code, the person
38	38	knowingly operates a motor vehicle or other means of conveyance in a
39	39	reckless manner at excessive or unsafe speeds on agricultural land,
40	40	as defined by Section 75.001, Civil Practice and Remedies Code.
41	41	(e) An offense under Subsection (a) is a Class A
42	42	misdemeanor. An offense under Subsection (b) or (b-1) is a felony of
43	43	the third degree.
44	44	SECTION 4. (a) Section 83.001, Civil Practice and Remedies
45	45	Code, as amended by this Act, applies only to a cause of action that
46	46	accrues on or after the effective date of this Act. A cause of
47	47	action that accrues before the effective date of this Act is
48	48	governed by the law applicable to the cause of action immediately
49	49	before the effective date of this Act, and that law is continued in
50	50	effect for that purpose.
51	51	(b) Section 9.45, Penal Code, as added by this Act, and
52	52	Section 22.05, Penal Code, as amended by this Act, apply only to an
53	53	offense committed on or after the effective date of this Act. An
54	54	offense committed before the effective date of this Act is governed
55	55	by the law in effect on the date the offense was committed, and the
56	56	former law is continued in effect for that purpose. For purposes of
57	57	this subsection, an offense was committed before the effective date
58	58	of this Act if any element of the offense occurred before that date.
59	59	SECTION 5. This Act takes effect September 1, 2023.