Texas 2023 - 88th Regular

Texas Senate Bill SB1308

Filed
2/28/23  
Out of Senate Committee
3/22/23  
Voted on by Senate
3/28/23  
Out of House Committee
5/16/23  
Voted on by House
5/22/23  
Governor Action
6/18/23  

Caption

Relating to the operation of an unmanned aircraft over an airport or military installation; creating a criminal offense.

Impact

The passage of SB 1308 is expected to significantly impact laws governing drone operations within the state. By criminalizing unauthorized drone flights near critical infrastructure, it provides law enforcement with the necessary legal tools to deter potentially dangerous drone activity. Before this bill, operators of unmanned aircraft displayed concerning behavior, including over 200 instances reported by Dallas-Fort Worth Airport, but lacked adequate legal framework to take action against those causing disturbances. The new law will empower authorities to impose penalties, enhancing the protection of vital infrastructure.

Summary

Senate Bill 1308, authored by Senator Hancock, addresses the operation of unmanned aircraft (drones) over military installations and airports, establishing a new criminal offense for specific actions involving these aircraft. The bill aims to enhance security and safety by prohibiting unauthorized drone operations that could interfere with military operations and airport management. It outlines the circumstances under which an individual commits an offense—specifically, if they operate a drone in a way that causes interference with major infrastructures like airports or military bases. The bill also encompasses provisions for exemptions under certain conditions, such as written consent from authorities.

Sentiment

Overall, the sentiment around SB 1308 appears overwhelmingly positive among legislators, as evidenced by the strong voting record—30 yeas and 0 nays during Senate voting. Proponents highlight the bill's necessity for security purposes and assert that it will address a growing threat posed by unauthorized drone activities. Nevertheless, there are also concerns about the enforcement of these restrictions, especially regarding the balance between effective regulation and the potential overreach into legitimate drone uses by non-criminal operators.

Contention

There remains some contention regarding how the enforcement of this legislation will play out, particularly concerning recreational drone users who may inadvertently violate the new rules. Opponents worry that strict regulations could hinder legitimate drone operations, which are increasingly being seen as beneficial tools for various industries, including photography, delivery services, and agricultural monitoring. Additionally, the bill allows defenses for certain entities—such as government agencies operating within prescribed protocols—leading to discussions on fairness and clarity in enforcement.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 42. Disorderly Conduct And Related Offenses
    • Section: 15
    • Section: 15
    • Section: 15
    • Section: New Section

Government Code

  • Chapter 423. Use Of Unmanned Aircraft
    • Section: 0045
    • Section: 0045
    • Section: 0045
  • Chapter 424. Protection Of Critical Infrastructure Facilities
    • Section: New Section

Companion Bills

TX HB2365

Identical Relating to the operation of an unmanned aircraft over an airport or military installation; creating a criminal offense.

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