I do not beleive that the description of Texas law you quote above, Colt 38is correct. If I am not mistaken, you have the right to use deadly force to protect yourself on/in your property. I do not believe you have to prove the trespasser was inside your home, or even trying to get inside your home. These things aren't automatic though - the police and DA will a decision to prosecute or not depending upon the facts the discover after the incident.

Chances are, in most US states that the fellow described in Red Eye's post, would not be prosecuted. Now, if he had illegal firearms, or known history with the badguys - they may have looiked more closely. Typically though, in the US you are allowed to use deadly force to defend yourself, and in the case of burglaries, etc - the benefit of doubt most often goes to the home owner.