Texas 2019 - 86th Regular

Texas House Bill HB3082 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3082
	1	+	By: Murphy (Senate Sponsor - Birdwell, Powell) H.B. No. 3082
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on Criminal
	4	+	Justice; May 17, 2019, reported favorably by the following vote:
	5	+	Yeas 6, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to investigating and prosecuting the criminal offense of
6	12		operating an unmanned aircraft over or near certain facilities.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8		-	SECTION 1. Section 423.0045(a)(1), Government Code, as
9		-	amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of
10		-	the 85th Legislature, Regular Session, 2017, is reenacted to read
11		-	as follows:
12		-	(1) "Correctional facility" means:
13		-	(A) a confinement facility operated by or under
14		-	contract with any division of the Texas Department of Criminal
15		-	Justice;
16		-	(B) a municipal or county jail;
17		-	(C) a confinement facility operated by or under
18		-	contract with the Federal Bureau of Prisons; or
19		-	(D) a secure correctional facility or secure
20		-	detention facility, as defined by Section 51.02, Family Code.
21		-	SECTION 2. Section 423.0045(a)(1-a), Government Code, is
22		-	reenacted to conform to the changes made to Section 423.0045(a)(1),
23		-	Government Code, by Chapter 824 (H.B. 1643), Acts of the 85th
24		-	Legislature, Regular Session, 2017, and is further amended to read
25		-	as follows:
26		-	(1-a) "Critical infrastructure facility" means:
27		-	(A) one of the following, if completely enclosed
28		-	by a fence or other physical barrier that is obviously designed to
29		-	exclude intruders, or if clearly marked with a sign or signs that
30		-	are posted on the property, are reasonably likely to come to the
31		-	attention of intruders, and indicate that entry is forbidden:
32		-	(i) a petroleum or alumina refinery;
33		-	(ii) an electrical power generating
34		-	facility, substation, switching station, or electrical control
35		-	center;
36		-	(iii) a chemical, polymer, or rubber
37		-	manufacturing facility;
38		-	(iv) a water intake structure, water
39		-	treatment facility, wastewater treatment plant, or pump station;
40		-	(v) a natural gas compressor station;
41		-	(vi) a liquid natural gas terminal or
42		-	storage facility;
43		-	(vii) a telecommunications central
44		-	switching office or any structure used as part of a system to
45		-	provide wired or wireless telecommunications services;
46		-	(viii) a port, railroad switching yard,
47		-	trucking terminal, or other freight transportation facility;
48		-	(ix) a gas processing plant, including a
49		-	plant used in the processing, treatment, or fractionation of
50		-	natural gas;
51		-	(x) a transmission facility used by a
52		-	federally licensed radio or television station;
53		-	(xi) a steelmaking facility that uses an
54		-	electric arc furnace to make steel;
55		-	(xii) a dam that is classified as a high
56		-	hazard by the Texas Commission on Environmental Quality; [or]
57		-	(xiii) a concentrated animal feeding
58		-	operation, as defined by Section 26.048, Water Code; or
59		-	(xiv) a military installation owned or
60		-	operated by or for the federal government, the state, or another
61		-	governmental entity; or
62		-	(B) if enclosed by a fence or other physical
63		-	barrier obviously designed to exclude intruders:
64		-	(i) any portion of an aboveground oil, gas,
65		-	or chemical pipeline;
66		-	(ii) an oil or gas drilling site;
67		-	(iii) a group of tanks used to store crude
68		-	oil, such as a tank battery;
69		-	(iv) an oil, gas, or chemical production
70		-	facility;
71		-	(v) an oil or gas wellhead; or
72		-	(vi) any oil and gas facility that has an
73		-	active flare.
74		-	SECTION 3. Section 423.0045, Government Code, is amended by
	14	+	SECTION 1. Section 423.0045, Government Code, is amended by
75	15		amending Subsection (b) and adding Subsection (e) to read as
76	16		follows:
77	17		(b) A person commits an offense if the person with criminal
78	18		negligence [intentionally or knowingly]:
79	19		(1) operates an unmanned aircraft over a correctional
80	20		facility, detention facility, or critical infrastructure facility
81	21		and the unmanned aircraft is not higher than 400 feet above ground
82	22		level;
83	23		(2) allows an unmanned aircraft to make contact with a
84	24		correctional facility, detention facility, or critical
85	25		infrastructure facility, including any person or object on the
86	26		premises of or within the facility; or
87	27		(3) allows an unmanned aircraft to come within a
88	28		distance of a correctional facility, detention facility, or
89	29		critical infrastructure facility that is close enough to interfere
90	30		with the operations of or cause a disturbance to the facility.
91	31		(e) A peace officer who investigates an offense under this
92	32		section shall notify the Department of Public Safety of the
93	33		investigation. The department may require further information from
94	34		the officer as the department determines necessary.
95		-	SECTION 4. Section 423.0045(c), Government Code, as amended
96		-	by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of the 85th
97		-	Legislature, Regular Session, 2017, is reenacted to read as
98		-	follows:
99		-	(c) This section does not apply to:
100		-	(1) conduct described by Subsection (b) that involves
101		-	a correctional facility, detention facility, or critical
102		-	infrastructure facility and is committed by:
103		-	(A) the federal government, the state, or a
104		-	governmental entity;
105		-	(B) a person under contract with or otherwise
106		-	acting under the direction or on behalf of the federal government,
107		-	the state, or a governmental entity;
108		-	(C) a law enforcement agency;
109		-	(D) a person under contract with or otherwise
110		-	acting under the direction or on behalf of a law enforcement agency;
111		-	or
112		-	(E) an operator of an unmanned aircraft that is
113		-	being used for a commercial purpose, if the operation is conducted
114		-	in compliance with:
115		-	(i) each applicable Federal Aviation
116		-	Administration rule, restriction, or exemption; and
117		-	(ii) all required Federal Aviation
118		-	Administration authorizations; or
119		-	(2) conduct described by Subsection (b) that involves
120		-	a critical infrastructure facility and is committed by:
121		-	(A) an owner or operator of the critical
122		-	infrastructure facility;
123		-	(B) a person under contract with or otherwise
124		-	acting under the direction or on behalf of an owner or operator of
125		-	the critical infrastructure facility;
126		-	(C) a person who has the prior written consent of
127		-	the owner or operator of the critical infrastructure facility; or
128		-	(D) the owner or occupant of the property on
129		-	which the critical infrastructure facility is located or a person
130		-	who has the prior written consent of the owner or occupant of that
131		-	property.
132		-	SECTION 5. Section 423.0045, Government Code, as amended by
	35	+	SECTION 2. Section 423.0045, Government Code, as amended by
133	36		this Act, applies only to an offense committed on or after the
134	37		effective date of this Act. An offense committed before the
135	38		effective date of this Act is governed by the law in effect on the
136	39		date the offense was committed, and the former law is continued in
137	40		effect for that purpose. For purposes of this section, an offense
138	41		was committed before the effective date of this Act if any element
139	42		of the offense occurred before that date.
140		-	SECTION 6.
141		-	To the extent of any conflict, this Act prevails
142		-	over another Act of the 86th Legislature, Regular Session, 2019,
143		-	relating to nonsubstantive additions to and corrections in enacted
144		-	codes.
145		-	SECTION 7. This Act takes effect September 1, 2019.
146		-	______________________________ ______________________________
147		-	President of the Senate Speaker of the House
148		-	I certify that H.B. No. 3082 was passed by the House on May 3,
149		-	2019, by the following vote: Yeas 141, Nays 0, 1 present, not
150		-	voting; and that the House concurred in Senate amendments to H.B.
151		-	No. 3082 on May 24, 2019, by the following vote: Yeas 142, Nays 0,
152		-	2 present, not voting.
153		-	______________________________
154		-	Chief Clerk of the House
155		-	I certify that H.B. No. 3082 was passed by the Senate, with
156		-	amendments, on May 21, 2019, by the following vote: Yeas 31, Nays
157		-	0.
158		-	______________________________
159		-	Secretary of the Senate
160		-	APPROVED: __________________
161		-	Date
162		-	__________________
163		-	Governor
	43	+	SECTION 3. This Act takes effect September 1, 2019.
	44	+	* * * * *