Texas law, you dont shoot to kill you shoot to gain compliance. Gaining compliance could mean that they are unable to resist your command.

So if you are shot and being told do not move and you keep moving you are resisting, they may keep shooting to gain compliance.

That is Texas state law in the short (no I did not say word for word) from the time I took a Level 3 commission and soon to be CHL....I have a small background in firearms and weapons.