83R31818 JSC-D
By: Estes S.R. No. 1084
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 83rd
Legislature, Regular Session, 2013, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on House
Bill 912 (images captured by unmanned aircraft and other images and
recordings; providing penalties) to consider and take action on the
following matters:
(1) Senate Rule 12.03(1) is suspended to permit the
committee to change text not in disagreement in proposed SECTION 2
of the bill, in added Section 423.002(a), Government Code, to read
as follows:
(a) It is lawful to capture an image by an unmanned aircraft
in this state:
Explanation: This change is necessary to address grammatical
and other inconsistencies created by senate amendments to this
section.
(2) Senate Rules 12.03(1) and (2) are suspended to permit
the committee to change and omit text not in disagreement in
proposed SECTION 2 of the bill, in added Section 423.002(a)(4),
Government Code, to read as follows:
(4) by a satellite for the purposes of mapping;
Explanation: This change is necessary to delete unnecessary
text.
(3) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement in proposed SECTION 2 of
the bill, in added Section 423.002(a), Government Code, by omitting
proposed Subdivisions (5) and (6), which read as follows:
(5) by a manufacturer or distributor of the unmanned
vehicle or unmanned aircraft in connection with the development,
manufacture, testing, or research of the vehicle or the aircraft;
(6) by a manufacturer or distributor incidental to the
activities authorized under Subdivision (5) and the manufacturer or
distributor discloses the image voluntarily to law enforcement
because the manufacturer or distributor reasonably believes the
image shows the commission of an offense;
Explanation: The omission of the text is necessary to remove
exceptions to the application of the chapter.
(4) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement in proposed SECTION 2 of
the bill, in added Section 423.003(a), Government Code, by omitting
proposed Subdivision (2), which reads as follows:
(2) real property in this state, on which a primary or
secondary school or a licensed child-care facility is operated or
an individual located on that property, with the intent to conduct
surveillance
Explanation: This change is necessary to remove an offense.
(5) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter which is not included in either
the house or the senate version of the bill by adding the following
text to SECTION 2 of the bill:
Sec. 423.008. REPORTING BY LAW ENFORCEMENT AGENCY. (a) No
earlier than January 1 and no later than January 15 of each
odd-numbered year, a municipal or county law enforcement agency
located in a city or county with a population greater than 150,000,
or a state law enforcement agency, that used or operated an unmanned
aircraft during the preceding 24 months shall issue a written
report to each member of the Texas Legislature, including the
Governor and Lieutenant Governor, retain the report for public
viewing and post the report on the law enforcement agency's
publicly accessible website, if one exists. The report shall
contain:
(a) the number of times an unmanned aircraft was operated,
organized by date, time, location, types of incidents, and the
types of justification for operation;
(b) the number of criminal investigations aided by the
operation of an unmanned aircraft and a description of how the
unmanned aircraft aided each investigation;
(c) the date, location, and number of times an unmanned
aircraft was operated for reasons other than a criminal
investigation and a description of how the unmanned aircraft aided
each operation;
(d) the frequency and type of information collected on an
individual, residence, property or area that was not the subject of
an operation; and
(e) the total cost of acquisition, maintenance, repair, and
operation the unmanned aircraft or unmanned aircrafts for the
preceding 24 months.
Explanation: This addition is necessary to provide for a
publicly available report regarding law enforcement use of unmanned
aircraft in this state.