TexasCHLforum.com

Keith B wrote: One of the issues is that burglary of an unoccupied motor vehicle is only a misdemeanor in Texas. So, unless you can prove that you were preventing the person breaking in from committing a felony, like stealing the vehicle, instead of just rummaging around for loose change, then you cannot use deadly force to prevent it.

I was differentiating between a daytime burlugary of property and "theft in the nighttime" which under sec 9.42 is justifiable use of deadly force.

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.

I still wouldn't do it and wouldn't recommend anyone else do it either. And I would think it would be difficult to convince a jury that your car or your CD collection couldn't have been replaced.

Penal code 9.31 and 9.32 are Texas' version of the Castle Doctrine... never a need for the king or queen to flee the castle before using force against an unlawful intruder.

So if you are in your car when the attack happens than it is justified.
If someone is burglarizing your car sitting on your driveway while you are inside your home...think twice. While "theft in the night time" is justified (apparently because the chances of recovering stolen property is more difficult since it maybe harder to identify the criminal), you'll probably get stuck with a huge civil suit by the perps family. Shooting them in broad daylight while your car is sitting in your driveway unoccupied you'll probably get charged with murder and be sued.
My CHL instructor for the past dozen years always suggested that unless your car was worth $200k or more don't bother shooting even if justified as it would cost more than that in legal fees and suits. I think the last renewal class I took with him he wasn't even suggesting that anymore... just not worth the hassle.