Texas 2019 - 86th Regular

Texas House Bill HB2912 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R13109 JCG-D
2		-	By: Zerwas~~, Reynolds~~ H.B. No. 2912
	2	+	By: Zerwas H.B. No. 2912
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 or a telecommunications provider:
33	33		(A) for operations and maintenance of utility or
34	34		telecommunications facilities for the purpose of maintaining
35	35		utility or telecommunications system reliability and integrity;
36	36		(B) for inspecting utility or telecommunications
37	37		facilities to determine repair, maintenance, or replacement needs
38	38		during and after construction of such facilities;
39	39		(C) for assessing vegetation growth for the
40	40		purpose of maintaining clearances on utility or telecommunications
41	41		easements; and
42	42		(D) for utility or telecommunications facility
43	43		routing and siting for the purpose of providing utility or
44	44		telecommunications service;
45	45		(6) with the consent of the individual who owns or
46	46		lawfully occupies the real property captured in the image;
47	47		(7) pursuant to a valid search or arrest warrant;
48	48		(8) if the image is captured by a law enforcement
49	49		authority or a person who is under contract with or otherwise acting
50	50		under the direction or on behalf of a law enforcement authority:
51	51		(A) in immediate pursuit of a person law
52	52		enforcement officers have reasonable suspicion or probable cause to
53	53		suspect has committed an offense, not including misdemeanors or
54	54		offenses punishable by a fine only;
55	55		(B) for the purpose of documenting a crime scene
56	56		where an offense, not including misdemeanors or offenses punishable
57	57		by a fine only, has been committed;
58	58		(C) for the purpose of investigating the scene
59	59		of:
60	60		(i) a human fatality;
61	61		(ii) a motor vehicle accident causing death
62	62		or serious bodily injury to a person; or
63	63		(iii) any motor vehicle accident on a state
64	64		highway or federal interstate or highway;
65	65		(D) in connection with the search for a missing
66	66		person;
67	67		(E) for the purpose of conducting a high-risk
68	68		tactical operation that poses a threat to human life;
69	69		(F) of private property that is generally open to
70	70		the public where the property owner consents to law enforcement
71	71		public safety responsibilities; or
72	72		(G) of real property or a person on real property
73	73		that is within 25 miles of the United States border for the sole
74	74		purpose of ensuring border security;
75	75		(9) if the image is captured by state or local law
76	76		enforcement authorities, or a person who is under contract with or
77	77		otherwise acting under the direction or on behalf of state
78	78		authorities, for the purpose of:
79	79		(A) surveying the scene of a catastrophe or other
80	80		damage to determine whether a state of emergency should be
81	81		declared;
82	82		(B) preserving public safety, protecting
83	83		property, or surveying damage or contamination during a lawfully
84	84		declared state of emergency; or
85	85		(C) conducting routine air quality sampling and
86	86		monitoring, as provided by state or local law;
87	87		(10) at the scene of a spill, or a suspected spill, of
88	88		hazardous materials;
89	89		(11) for the purpose of fire suppression;
90	90		(12) for the purpose of rescuing a person whose life or
91	91		well-being is in imminent danger;
92	92		(13) if the image is captured by a Texas licensed real
93	93		estate broker in connection with the marketing, sale, or financing
94	94		of real property, provided that no individual is identifiable in
95	95		the image;
96	96		(14) from a height no more than eight feet above
97	97		ground level in a public place, if the image was captured without
98	98		using any electronic, mechanical, or other means to amplify the
99	99		image beyond normal human perception;
100	100		(15) of public real property or a person on that
101	101		property;
102	102		(16) if the image is captured by the owner or operator
103	103		of an oil, gas, water, or other pipeline for the purpose of
104	104		inspecting, maintaining, or repairing pipelines or other related
105	105		facilities, and is captured without the intent to conduct
106	106		surveillance on an individual or real property located in this
107	107		state;
108	108		(17) in connection with oil pipeline safety and rig
109	109		protection;
110	110		(18) in connection with port authority surveillance
111	111		and security;
112	112		(19) if the image is captured by a registered
113	113		professional land surveyor in connection with the practice of
114	114		professional surveying, as those terms are defined by Section
115	115		1071.002, Occupations Code, provided that no individual is
116	116		identifiable in the image;
117	117		(20) if the image is captured by a professional
118	118		engineer licensed under Subchapter G, Chapter 1001, Occupations
119	119		Code, in connection with the practice of engineering, as defined by
120	120		Section 1001.003, Occupations Code, provided that no individual is
121	121		identifiable in the image; [or]
122	122		(21) if:
123	123		(A) the image is captured by an employee of an
124	124		insurance company or of an affiliate of the company in connection
125	125		with the underwriting of an insurance policy, or the rating or
126	126		adjusting of an insurance claim, regarding real property or a
127	127		structure on real property; and
128	128		(B) the operator of the unmanned aircraft is
129	129		authorized by the Federal Aviation Administration to conduct
130	130		operations within the airspace from which the image is captured; or
131	131		(22) if the image is captured for the purpose of
132	132		disaster preparedness, including for the inspection, maintenance,
133	133		or repair of public infrastructure, by:
134	134		(A) a county with a population of 550,000 or more
135	135		that is adjacent to a county with a population of 3.3 million or
136	136		more; or
137	137		(B) a person who is under contract with or
138	138		otherwise acting under the direction or on behalf of a county
139	139		described by Paragraph (A).
140	140		SECTION 2. This Act takes effect September 1, 2019.