84R24832 JRR-D
By: Murphy, Herrero H.B. No. 1481
Substitute the following for H.B. No. 1481:
By: Herrero C.S.H.B. No. 1481
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the operation of an unmanned aircraft over
certain facilities; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 423, Government Code, is amended by
adding Section 423.0045 to read as follows:
Sec. 423.0045. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER
CRITICAL INFRASTRUCTURE FACILITY. (a) In this section:
(1) "Critical infrastructure facility" means one of
the following, if completely enclosed by a fence or other physical
barrier that is obviously designed to exclude intruders, or if
clearly marked with a sign or signs that are posted on the property,
are reasonably likely to come to the attention of intruders, and
indicate that entry is forbidden:
(A) a petroleum or alumina refinery;
(B) an electrical power generating facility,
substation, switching station, or electrical control center;
(C) an above-ground oil, gas, or chemical
pipeline;
(D) a chemical, polymer, or rubber manufacturing
facility;
(E) a water intake structure, water treatment
facility, wastewater treatment plant, or pump station;
(F) a natural gas compressor station;
(G) a liquid natural gas terminal or storage
facility;
(H) a telecommunications central switching
office;
(I) a port, railroad switching yard, trucking
terminal, or other freight transportation facility;
(J) a gas processing plant, including a plant
used in the processing, treatment, or fractionation of natural gas;
(K) a transmission facility used by a federally
licensed radio or television station;
(L) a steelmaking facility that uses an electric
arc furnace to make steel; or
(M) a dam that is classified as a high hazard by
the Texas Commission on Environmental Quality.
(2) "Dam" means any barrier, including any appurtenant
structures, that is constructed for the purpose of permanently or
temporarily impounding water.
(b) A person commits an offense if the person intentionally
or knowingly:
(1) operates an unmanned aircraft over a critical
infrastructure facility and the unmanned aircraft is not higher
than 400 feet above ground level;
(2) allows an unmanned aircraft to make contact with a
critical infrastructure facility, including any person or object on
the premises of or within the facility; or
(3) allows an unmanned aircraft to come within a
distance of a critical infrastructure facility that is close enough
to interfere with the operations of or cause a disturbance to the
facility.
(c) This section does not apply to conduct described by
Subsection (b) that is committed by:
(1) the federal government, the state, or a
governmental entity;
(2) a person under contract with or otherwise acting
under the direction or on behalf of the federal government, the
state, or a governmental entity;
(3) a law enforcement agency;
(4) a person under contract with or otherwise acting
under the direction or on behalf of a law enforcement agency;
(5) an owner or operator of the critical
infrastructure facility;
(6) a person under contract with or otherwise acting
under the direction or on behalf of an owner or operator of the
critical infrastructure facility;
(7) a person who has the prior written consent of the
owner or operator of the critical infrastructure facility; or
(8) an operator of an unmanned aircraft that is being
used for a commercial purpose, if the operator is authorized by the
Federal Aviation Administration to conduct operations over that
airspace.
(d) An offense under this section is a Class B misdemeanor,
except that the offense is a Class A misdemeanor if the actor has
previously been convicted under this section.
SECTION 2. This Act takes effect September 1, 2015.