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.