You can use deadly force in the daytime also if it is to prevent theft. At night it can be used for criminal mischief also. Texans have always been able to use deadly force to prevent theft or when in hot pursuit of a thief to regain property if the threat of harm is present. There was a story not long ago of a home invasion where the occupents were robbed. When the perps left the victims chased them down in a car chase and shot them to recover their property. They were not charged.