TexasCHLforum.com

AlaskanInTexas wrote:

Keith B wrote:No. 9.42 for burglary only pertains to 30.02. Burglary of a vehicle (30.04) is only a Misdemeanor (dsicounting theft from or of the vehicle or the vehicle being occupied). Where use of deadly force plays into a vehcile is under 9.32 for defense of person if the vehicle is occupied and only relates to the crime committed against the person, not the vehicle itself.

While the law is certainly ambiguous, I see nothing that supports this statement. I also see nothing in the law the limits your right to protect property to those situations where the actor committed a felony.

RoyGBiv wrote:

TexasCajun wrote:Use of force? Yes per PC 9.41. But the use of deadly force would only be permitted if the theft were occurring at night. Much easier & simpler to lock the doors or stand where you can see all of your vehicle's doors.

The OP describes a BURGLARY, possibly even ROBBERY. Not THEFT. Relevant portions in bold.

Sec. 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

Sec. 30.04. BURGLARY OF VEHICLES. (a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.

Sec. 29.02. ROBBERY. (a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the second degree.

Sec. 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.