Seems like section 9.42-3A would not need to apply since section 9.42-2A crimes were being committed regardless if any property was taken.Interesting story.
Aside from legal definition of defending one's self against deadly force, Texas Penal Code addresses use of deadly force in such a scenario as described, to protect property in the night time. However section 9.42-3A is the definitive line in the legal sand..." the land or property cannot be protected or recovered by any other means;" . This includes via insurance coverage. So, in a situation such as this, even in the night time, one must consider recovery options.
Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of 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.
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;
(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;
It's a lot to think about in the heat of the moment. But it's also a quick check list if one has done homework on using deadly force. IMO anyone who owns a firearm, whether it's used for CC or just home defense, would benefit from taking a CC course where such laws are discussed. I suspect that most people who purchase a new gun, whether at their local GS, or maybe end up with one from a family member, or by whatever means, aren't inclined to read the State Penal Code and get a clear understanding of the laws that will apply in the event they end up using it against another person, for whatever reason.