A source in Austin reports State Representative Terry Meza‘s Texas HB196 will be a focus for the Texas legislature in the upcoming session starting in January 2021. One Republican said it was “better than Christmas.”
Meza sparked a backlash when she proposed changes to the state’s “castle doctrine,” through Texas HB196, which allows the use of deadly force to protect property.
Facebook has numerous posts attributed to Meza regarding HB196. Calls and emails to her office were not returned so these statements have not been validated.
Privately Republicans are rejoicing saying Democrats have stepped in the muck again.
The point to rising crime numbers throughout Dallas and other cities including officers being attacked and the Democrats filing a bill to stop citizens and home owners from protecting their own property.
One legislative staffer said Denton County had to arrest Dallas’ serial killer because their police chief is in a relationship with a BLM activist with a felony record. Instead of protecting the public, they are filing HB196 which looks to protect criminals.
Some Democrats complain too continuing a pattern of infighting since Election Day when Democrats failed in their expectations to be leading the state house in 2021.
We just lost every winnable seat possible and we have state reps thinking HB196 will bring the suburbs back to voting for us. Democrats continue to say ‘we did it‘ while losing winnable races.
Meza’s bill filing comes just as a local Democrat and criminal judge was arrested for DWI.
Texas HB196
The specific text of Terry Meza’s bill can be found here and is included below.
87R1395 JCG-D | ||
By: Meza | H.B. No. 196 |
A BILL TO BE ENTITLED | |
AN ACT | |
relating to the use of deadly force in defense of a person or | |
property. | |
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
SECTION 1. Sections 9.32(a) and (c), Penal Code, are | |
amended to read as follows: | |
(a) A person is justified in using deadly force against | |
another if the actor: | |
(1) is [ | |
against the other under Section 9.31; [ | |
(2) is unable to safely retreat; and | |
(3) [ | |
believes the deadly force is immediately necessary: | |
(A) to protect the actor against the other’s use | |
or attempted use of unlawful deadly force; or | |
(B) to prevent the other’s imminent commission of | |
aggravated kidnapping, murder, sexual assault, or aggravated | |
sexual assault[ | |
(c) Notwithstanding Subsection (a)(2), a [ | |
in the person’s own habitation [ | |
person against whom the deadly force is used, and who is not engaged | |
in criminal activity at the time the deadly force is used is not | |
required to retreat before using deadly force as described by this | |
section. | |
SECTION 2. Section 9.41, Penal Code, is amended to read as | |
follows: | |
Sec. 9.41. PROTECTION OF ONE’S OWN PROPERTY. (a) A person | |
in lawful possession of land, including a habitation on the land, or | |
tangible, movable property is justified in using force against | |
another when and to the degree the actor reasonably believes the | |
force is immediately necessary to prevent or terminate the other’s | |
trespass on the land or unlawful interference with the property. | |
(b) A person unlawfully dispossessed of land, including a | |
habitation on the land, or tangible, movable property by another is | |
justified in using force against the other when and to the degree | |
the actor reasonably believes the force is immediately necessary to | |
reenter the land or recover the property if the actor uses the force | |
immediately or in fresh pursuit after the dispossession and: | |
(1) the actor reasonably believes the other had no | |
claim of right when he dispossessed the actor; or | |
(2) the other accomplished the dispossession by using | |
force, threat, or fraud against the actor. | |
SECTION 3. Section 9.42, Penal Code, is amended to read as | |
follows: | |
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is | |
justified in using deadly force against another to protect land, | |
including a habitation on the land, or tangible, movable property | |
if the actor: | |
(1) is [ | |
against the other under Section 9.41; [ | |
(2) [ | |
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) [ | |
(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. | |
SECTION 4. Sections 9.32(b) and (d), Penal Code, are | |
repealed. | |
SECTION 5. The change in law made by this Act applies 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 section, an offense was committed before the | |
effective date of this Act if any element of the offense occurred | |
before that date. | |
SECTION 6. This Act takes effect September 1, 2021. |