Texas 2017 - 85th Regular

Texas House Bill HB3238

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the regulation of unmanned aircrafts by political subdivisions.

Impact

The proposed legislation aims to enhance operational consistency for drone operators by preempting local regulations, thus ensuring that drone usage is governed by a single set of standards. Political subdivisions can still create regulations, but only if they pertain directly to their own use of drones or the operation of drones near their facilities, contingent on FAA approval and public hearings. Critics of the bill argue that this measure limits local governments’ ability to address specific community needs and concerns related to public safety and privacy issues stemming from drone operations. Advocates of the bill contend that it removes regulatory uncertainty for businesses and individuals utilizing drones, promoting innovation and efficiency in the sector.

Summary

House Bill 3238 addresses the regulation of unmanned aircraft, commonly known as drones, by political subdivisions within Texas. The bill specifically prohibits counties, municipalities, and similar political entities from enacting their own ordinances regarding the use and operation of unmanned aircraft, effectively centralizing regulatory power to the state and federal levels. The intent behind this legislation is to create uniformity in the regulation of unmanned aircraft across the state, aligning local regulations with federal aviation standards set by the Federal Aviation Administration (FAA). This move seeks to streamline drone usage and prevent a patchwork of local laws that could hinder the operation of unmanned aircraft throughout various jurisdictions.

Sentiment

The sentiment surrounding HB 3238 is mixed, with supporters emphasizing the necessity of a uniform regulatory framework to facilitate the burgeoning drone industry. They argue that inconsistent local regulations could stymie economic opportunities and technological advancements associated with unmanned aircraft. Conversely, opponents express concerns over potential overreach from the state government and a loss of local control, which they believe could lead to insufficient safeguards against issues such as privacy invasions and safety risks within local communities. The debate underscores a tension between state authority and local governance, especially in areas directly impacting residents’ lives.

Contention

If enacted, HB 3238 would amend existing regulations within Texas's Transportation Code to invalidate any local ordinances that conflict with the provisions of the bill. This includes any regulations that a political subdivision might attempt to enact concerning unmanned aircraft, except in narrowly defined circumstances. Such changes highlight broader discussions around the balance of regulatory power and the implications for local governance in emerging fields like drone technology, raising questions about how local needs will be addressed in the face of standardized rules enforced at the state level.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2789

Relating to regulation of accessory dwelling units by political subdivisions.

TX SB1412

Relating to regulation of accessory dwelling units by political subdivisions.

TX HB2134

Relating to regulation of massage therapists and massage establishments by political subdivisions.

TX HB3579

Relating to the regulation of massage therapists and massage establishments by the Texas Department of Licensing and Regulation and political subdivisions.

TX SB1009

Relating to regulation of massage therapists and massage establishments by political subdivisions.

TX SB423

Relating to the use of unmanned aircraft by the Texas military forces.

TX HB1516

Relating to the use of unmanned aircraft by the Texas military forces.

TX HB2367

Relating to the regulation of residential amenity rentals by a political subdivision; authorizing a fee; authorizing a civil penalty.

TX SB1466

Relating to the regulation of residential amenity rentals by a political subdivision; authorizing a fee; authorizing a civil penalty.

TX HB4737

Relating to prohibiting the acquisition and use of certain unmanned aircraft by a governmental entity.

Similar Bills

No similar bills found.