By: Estes S.R. No. 1084
SENATE RESOLUTION
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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 26, 2013, by
the following vote: Yeas 31,
Nays 0.
_______________________________
Secretary of the Senate