TexasCHLforum.com

I guess I was being a bit general. I didn't mean to imply that arrest & grand jury were required in all shootings. Of course the police & DA have discretion. But it is pretty rare for a shooting (even non-fatal) to not go to the grand jury nowadays. DAs don't want to appear to be soft on crime, so they'd rather let the grand jury say that there's no case.

If you shoot someone, you will be arrested and booked; and the case will at least go to the grand jury. The only way that the case wouldn't go to the grand jury is if the DA felt there was enough compelling evidence to go to trial without the endictment. Since the county DA is an elected position, not a one of them in Texas would allow a shooter to walk without some process involved. Even if it's crystal clear to everyone even remotely involved, the DA will let the grand jury do the dirty work.

Texas law does not prohibit by omission. So if there's no specific statute that defines "immediate", and if there's no criminal case where leaving an active shooter scenario and returning with a weapon has resulted in an unauthorized use of force/deadly force conviction, then that action would be allowed under current law. Of course, there would probably be an arrest and grand jury hearing on the matter should something like that actually occur.