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.