TexasCHLforum.com

Kythas wrote:I'm seeing a lot of answers on here and none that are really correct.

I would assume what you're asking is regarding theft. If you saw someone trying to steal your truck while you're not in it, or even taking stuff out of the back of your truck, that is theft. Robbery is different and has a different definition.

So it really depends on the situation. If someone walks up to you and says "Give me your wallet" then that's a robbery and deadly force is legal in Texas at all times.

If someone's stealing the tools out of the back of your truck, you may use deadly force in Texas only if the theft is occurring at night AND if you reasonably believe you cannot recover the property by any other means. Note that the law says "recover" and not "replace".

Also, "nighttime" also has a legal definition. It is the period 30 minutes after sunset to 30 minutes before sunrise.

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.