I, and several others have quoted the relevant portion of the Texas Penal Code. The other, taking the case to the grand jury is based on living in Texas for 30+ years, and seeing it happen over and over again. The guy that shot at some kids, with an SKS, killing several of them, who were stealing his fancy wheel rims (Black on Black that one was) and he was no-billed by the Grand jury. In San Antonio a guy shot and killed a kid (around 14 or so IIRC) who was stealing his chickens, or maybe only breaking into his chicken coop. Another grand jury no bill. (Theft during the nighttime in both cases) The Arlington grandmother who shot a guy that had broken into her house while running from the police, wasn't sent to the grand jury, IIRC, but she wasn't charged either. He wasn't even trying to steal anything or hurt any resident of her household.