Texas 2017 - 85th Regular

Texas Senate Bill SB839 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R9982 JCG-D
2	2	By: Zaffirini S.B. No. 839
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, Government Code, is amended by
10	10	amending Subsection (a) and adding Subsection (c) to read as
11	11	follows:
12	12	(a) It is lawful to capture an image using an unmanned
13	13	aircraft in this state:
14	14	(1) for the purpose of professional or scholarly
15	15	research and development or for another academic purpose by a
16	16	person acting on behalf of an institution of higher education or a
17	17	private or independent institution of higher education, as those
18	18	terms are defined by Section 61.003, Education Code, including a
19	19	person who:
20	20	(A) is a professor, employee, or student of the
21	21	institution; or
22	22	(B) is under contract with or otherwise acting
23	23	under the direction or on behalf of the institution;
24	24	(2) in airspace designated as a test site or range
25	25	authorized by the Federal Aviation Administration for the purpose
26	26	of integrating unmanned aircraft systems into the national
27	27	airspace;
28	28	(3) as part of an operation, exercise, or mission of
29	29	any branch of the United States military;
30	30	(4) if the image is captured by a satellite for the
31	31	purposes of mapping;
32	32	(5) if the image is captured by or for an electric or
33	33	natural gas utility:
34	34	(A) for operations and maintenance of utility
35	35	facilities for the purpose of maintaining utility system
36	36	reliability and integrity;
37	37	(B) for inspecting utility facilities to
38	38	determine repair, maintenance, or replacement needs during and
39	39	after construction of such facilities;
40	40	(C) for assessing vegetation growth for the
41	41	purpose of maintaining clearances on utility easements; and
42	42	(D) for utility facility routing and siting for
43	43	the purpose of providing utility service;
44	44	(6) with the consent of the individual who owns or
45	45	lawfully occupies the real property captured in the image;
46	46	(7) pursuant to a valid search or arrest warrant;
47	47	(8) if the image is captured by a law enforcement
48	48	authority or a person who is under contract with or otherwise acting
49	49	under the direction or on behalf of a law enforcement authority:
50	50	(A) in immediate pursuit of a person law
51	51	enforcement officers have reasonable suspicion or probable cause to
52	52	suspect has committed an offense, not including misdemeanors or
53	53	offenses punishable by a fine only;
54	54	(B) for the purpose of documenting a crime scene
55	55	where an offense, not including misdemeanors or offenses punishable
56	56	by a fine only, has been committed;
57	57	(C) for the purpose of investigating the scene
58	58	of:
59	59	(i) a human fatality;
60	60	(ii) a motor vehicle accident causing death
61	61	or serious bodily injury to a person; or
62	62	(iii) any motor vehicle accident on a state
63	63	highway or federal interstate or highway;
64	64	(D) in connection with the search for a missing
65	65	person;
66	66	(E) for the purpose of conducting a high-risk
67	67	tactical operation that poses a threat to human life; or
68	68	(F) of private property that is generally open to
69	69	the public where the property owner consents to law enforcement
70	70	public safety responsibilities;
71	71	(9) if the image is captured by state or local law
72	72	enforcement authorities, or a person who is under contract with or
73	73	otherwise acting under the direction or on behalf of state
74	74	authorities, for the purpose of:
75	75	(A) surveying the scene of a catastrophe or other
76	76	damage to determine whether a state of emergency should be
77	77	declared;
78	78	(B) preserving public safety, protecting
79	79	property, or surveying damage or contamination during a lawfully
80	80	declared state of emergency; or
81	81	(C) conducting routine air quality sampling and
82	82	monitoring, as provided by state or local law;
83	83	(10) at the scene of a spill, or a suspected spill, of
84	84	hazardous materials;
85	85	(11) for the purpose of fire suppression;
86	86	(12) for the purpose of rescuing a person whose life or
87	87	well-being is in imminent danger;
88	88	(13) if the image is captured by a Texas licensed real
89	89	estate broker in connection with the marketing, sale, or financing
90	90	of real property, provided that no individual is identifiable in
91	91	the image;
92	92	(14) of real property or a person on real property that
93	93	is within 25 miles of the United States border;
94	94	(15) from a height no more than eight feet above ground
95	95	level in a public place, if the image was captured without using any
96	96	electronic, mechanical, or other means to amplify the image beyond
97	97	normal human perception;
98	98	(16) of public real property or a person on that
99	99	property;
100	100	(17) if the image is captured by the owner or operator
101	101	of an oil, gas, water, or other pipeline for the purpose of
102	102	inspecting, maintaining, or repairing pipelines or other related
103	103	facilities, and is captured without the intent to conduct
104	104	surveillance on an individual or real property located in this
105	105	state;
106	106	(18) in connection with oil pipeline safety and rig
107	107	protection;
108	108	(19) in connection with port authority surveillance
109	109	and security;
110	110	(20) if the image is captured by a registered
111	111	professional land surveyor in connection with the practice of
112	112	professional surveying, as those terms are defined by Section
113	113	1071.002, Occupations Code, provided that no individual is
114	114	identifiable in the image; [or]
115	115	(21) if the image is captured by a professional
116	116	engineer licensed under Subchapter G, Chapter 1001, Occupations
117	117	Code, in connection with the practice of engineering, as defined by
118	118	Section 1001.003, Occupations Code, provided that no individual is
119	119	identifiable in the image; or
120	120	(22) if the image is captured by a journalist for the
121	121	purpose of reporting on a matter that:
122	122	(A) is of substantial public interest;
123	123	(B) potentially affects public safety, including
124	124	an inclement weather event; and
125	125	(C) occurs under circumstances in which
126	126	individuals whose images are captured do not have a reasonable
127	127	expectation of privacy, including a mass gathering.
128	128	(c) In this section:
129	129	(1) "Journalist" has the meaning assigned by Section
130	130	22.021, Civil Practice and Remedies Code.
131	131	(2) "Mass gathering" means a gathering that attracts
132	132	or is expected to attract more than 200 individuals who will remain
133	133	at the location of the gathering for more than two consecutive
134	134	hours.
135	135	SECTION 2. This Act takes effect September 1, 2017.