Texas 2017 - 85th Regular

Texas Senate Bill SB838 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Zaffirini S.B. No. 838
2	2	(Murphy)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain images captured by an unmanned aircraft.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 423.002(a), Government Code, is amended
10	10	to read as follows:
11	11	(a) It is lawful to capture an image using an unmanned
12	12	aircraft in this state:
13	13	(1) for the purpose of professional or scholarly
14	14	research and development or for another academic purpose by a
15	15	person acting on behalf of an institution of higher education or a
16	16	private or independent institution of higher education, as those
17	17	terms are defined by Section 61.003, Education Code, including a
18	18	person who:
19	19	(A) is a professor, employee, or student of the
20	20	institution; or
21	21	(B) is under contract with or otherwise acting
22	22	under the direction or on behalf of the institution;
23	23	(2) in airspace designated as a test site or range
24	24	authorized by the Federal Aviation Administration for the purpose
25	25	of integrating unmanned aircraft systems into the national
26	26	airspace;
27	27	(3) as part of an operation, exercise, or mission of
28	28	any branch of the United States military;
29	29	(4) if the image is captured by a satellite for the
30	30	purposes of mapping;
31	31	(5) if the image is captured by or for an electric or
32	32	natural gas utility:
33	33	(A) for operations and maintenance of utility
34	34	facilities for the purpose of maintaining utility system
35	35	reliability and integrity;
36	36	(B) for inspecting utility facilities to
37	37	determine repair, maintenance, or replacement needs during and
38	38	after construction of such facilities;
39	39	(C) for assessing vegetation growth for the
40	40	purpose of maintaining clearances on utility easements; and
41	41	(D) for utility facility routing and siting for
42	42	the purpose of providing utility service;
43	43	(6) with the consent of the individual who owns or
44	44	lawfully occupies the real property captured in the image;
45	45	(7) pursuant to a valid search or arrest warrant;
46	46	(8) if the image is captured by a law enforcement
47	47	authority or a person who is under contract with or otherwise acting
48	48	under the direction or on behalf of a law enforcement authority:
49	49	(A) in immediate pursuit of a person law
50	50	enforcement officers have reasonable suspicion or probable cause to
51	51	suspect has committed an offense, not including misdemeanors or
52	52	offenses punishable by a fine only;
53	53	(B) for the purpose of documenting a crime scene
54	54	where an offense, not including misdemeanors or offenses punishable
55	55	by a fine only, has been committed;
56	56	(C) for the purpose of investigating the scene
57	57	of:
58	58	(i) a human fatality;
59	59	(ii) a motor vehicle accident causing death
60	60	or serious bodily injury to a person; or
61	61	(iii) any motor vehicle accident on a state
62	62	highway or federal interstate or highway;
63	63	(D) in connection with the search for a missing
64	64	person;
65	65	(E) for the purpose of conducting a high-risk
66	66	tactical operation that poses a threat to human life; or
67	67	(F) of private property that is generally open to
68	68	the public where the property owner consents to law enforcement
69	69	public safety responsibilities;
70	70	(9) if the image is captured by state or local law
71	71	enforcement authorities, or a person who is under contract with or
72	72	otherwise acting under the direction or on behalf of state
73	73	authorities, for the purpose of:
74	74	(A) surveying the scene of a catastrophe or other
75	75	damage to determine whether a state of emergency should be
76	76	declared;
77	77	(B) preserving public safety, protecting
78	78	property, or surveying damage or contamination during a lawfully
79	79	declared state of emergency; or
80	80	(C) conducting routine air quality sampling and
81	81	monitoring, as provided by state or local law;
82	82	(10) at the scene of a spill, or a suspected spill, of
83	83	hazardous materials;
84	84	(11) for the purpose of fire suppression;
85	85	(12) for the purpose of rescuing a person whose life or
86	86	well-being is in imminent danger;
87	87	(13) if the image is captured by a Texas licensed real
88	88	estate broker in connection with the marketing, sale, or financing
89	89	of real property, provided that no individual is identifiable in
90	90	the image;
91	91	(14) of real property or a person on real property that
92	92	is within 25 miles of the United States border;
93	93	(15) from a height no more than eight feet above ground
94	94	level in a public place, if the image was captured without using any
95	95	electronic, mechanical, or other means to amplify the image beyond
96	96	normal human perception;
97	97	(16) of public real property or a person on that
98	98	property;
99	99	(17) if the image is captured by the owner or operator
100	100	of an oil, gas, water, or other pipeline for the purpose of
101	101	inspecting, maintaining, or repairing pipelines or other related
102	102	facilities, and is captured without the intent to conduct
103	103	surveillance on an individual or real property located in this
104	104	state;
105	105	(18) in connection with oil pipeline safety and rig
106	106	protection;
107	107	(19) in connection with port authority surveillance
108	108	and security;
109	109	(20) if the image is captured by a registered
110	110	professional land surveyor in connection with the practice of
111	111	professional surveying, as those terms are defined by Section
112	112	1071.002, Occupations Code, provided that no individual is
113	113	identifiable in the image; [or]
114	114	(21) if the image is captured by a professional
115	115	engineer licensed under Subchapter G, Chapter 1001, Occupations
116	116	Code, in connection with the practice of engineering, as defined by
117	117	Section 1001.003, Occupations Code, provided that no individual is
118	118	identifiable in the image; or
119	119	(22) if the image is:
120	120	(A) captured for the purpose of delivering
121	121	consumer goods that were ordered through an Internet website or
122	122	mobile application and the operator of the unmanned aircraft is
123	123	authorized by the Federal Aviation Administration to conduct
124	124	operations within the airspace from which the image is captured;
125	125	and
126	126	(B) directly related to the purpose described by
127	127	Paragraph (A), including images captured for purposes of navigation
128	128	or ensuring public safety.
129	129	SECTION 2. This Act takes effect September 1, 2017.