HB5414 - 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.

  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.